Governing Documents

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§4205 - Conflicts Among Documents

  1. To the extent of any inconsistency between the governing documents and the law, the law controls.
  2. To the extent of any inconsistency between the articles of incorporation and the declaration, the declaration controls.
  3. To the extent of any inconsistency between the bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration control.

§4150 - Governing Documents

"Governing documents" means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.

2012 Legislation: AB 806

This is the second of two bills from the California Law Revision Commission that restate and clarify the Davis-Stirling Act. This bill is now law, but becomes effective on January 1, 2014. For more information, and for the complete text of the new law, visit our The Law section.

How to Determine Maintenance Responsibility in HOAs

Figuring out who pays for what in a HOA (the association or the homeowners) can be nothing but a headache. The best way to avoid these problems is to make sure the governing documents have clear provisions, discuss insurance options for individuals and the community association, and to act fairly while using common sense. Learn how to understand the law, manage your insurance, and determine maintenance responsibilities as a part of a community association.

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