Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
Homeowners Associations (HOAs) in Los Angeles are governed by a mix of state and local laws. These regulations are designed to ensure smooth operation and fair treatment of all members.
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
HOAs are usually governed by a board of directors or governors that is elected by the homeowners to make decisions about the HOA and enforce its rules. Most HOAs in California are set up as nonprofit mutual benefit corporations, but some may be structured differently.
The “by” in bylaw is an old Norse word that means “town.” A bylaw is simply a town, or local, law. Bylaws can't be created out of thin air. Canadian municipalities don't have constitutional status of their own, so they can only pass laws authorized by other levels of government.
Byelaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done – or not done – in a specified area. They are accompanied by some sanction or penalty for their non-observance.
Bylaws are a type of law, and specifically a type of legislation, made by a municipal council, rather than the other two spheres of government (ie. provincial and national government). relate to issues in the local community; and apply only in the area of jurisdiction of the municipality concerned.