Understanding HOA bylaws vs CC&Rs can be tricky for many Texas homeowners. These two documents serve different roles, yet they both guide how communities function—knowing which one controls what can help residents navigate disputes, responsibilities, and community rules. In Texas, it is important to learn how each fits into the HOA structure.
HOA Bylaws vs CC&Rs: Why the Confusion?
Residents often confuse bylaws and CC&Rs because they are both legal documents that relate to HOA operations. Both govern aspects of community life, and their authority can overlap in some areas. Adding to the confusion, homeowners might only see these documents during closing or when a problem comes up. The titles are also vague, especially for those new to HOA living.
While the documents are related, they serve distinct purposes. One explains how the association runs as an organization. The other outlines what homeowners can and cannot do with their properties. That difference matters in everything from enforcing violations to amending rules.
HOA Bylaws vs CC&Rs vs HOA Rules
When comparing HOA bylaws vs CC&Rs in Texas, it is essential to consider where HOA rules fit in. All three play a part in shaping how a Texas HOA functions. Understanding each can help homeowners follow rules and avoid conflict.
What are HOA Bylaws? 
Bylaws are internal rules that govern how the HOA board operates. They cover how board members are elected, how meetings are held, and how decisions are made. Bylaws also define officer roles and voting procedures. They serve as a playbook for running the organization.
HOA bylaws don’t typically address what homeowners can do with their property. Instead, they guide board structure, procedures, and association governance. Every HOA has its own version based on its size and needs.
What are HOA CC&Rs?
HOA CC&Rs refer to the Declaration of Covenants, Conditions, and Restrictions. This document sets binding rules for how properties in the community must be used. It applies to every owner and often covers issues like home design, landscaping, fences, parking, pets, and noise.
Associations must record their CC&Rs with the county. This happens upon the creation of the development. They are legally enforceable and can be used in court. Because CC&Rs run with the land, they also bind future owners.
What are HOA Rules?
HOA rules and regulations are specific guidelines adopted by the board to carry out what is already in the CC&Rs. These are usually easier to update and might include things like pool hours, parking pass procedures, or holiday decoration rules.
While not as powerful as CC&Rs, HOA rules are still enforceable. They provide clarity and flexibility for day-to-day management.
HOA Bylaws and CC&Rs: Breaking Down the Differences
When looking at HOA bylaws vs CC&Rs side by side, it becomes clear that each serves a unique purpose. Understanding how they differ can help residents and board members avoid confusion. These differences lie in the scope, content, amendments, enforcement, and access.
1. Scope
CC&Rs cover the use of private property and common areas. They affect every lot owner and stay in effect for as long as the community exists unless amended. CC&Rs are about property rights and community standards.
Bylaws focus on association structure. They guide how board meetings are run, who can vote, and how directors are elected. They only apply to the operation of the HOA, not the use of property.
2. Examples of Content
A CC&R may say that fences must be no taller than six feet. It might ban residents from parking commercial vehicles in driveways overnight or require approval before exterior changes. These provisions affect what residents can do with their property.
Bylaws might say that the board meets quarterly and that directors serve two-year terms. They may include quorum requirements or detail how to appoint officers. These provisions affect how the board does its job.
3. Amendments
In Texas, associations can amend both bylaws and CC&Rs, but the process usually differs. Under Texas Property Code Section 209.0041, HOAs must record their CC&Rs with the county and amend them according to the procedures in the declaration. Most CC&Rs require approval from a supermajority of members, often 67 percent or higher. This high threshold reflects the legal weight of these restrictions.
Bylaws usually require a lower vote threshold to amend, often a simple majority or two-thirds of members at a meeting. Some bylaws allow the board alone to make changes, depending on what the bylaws themselves say.
Texas law does not mandate specific language for amending bylaws. Still, both documents should follow whatever process the governing documents dictate. Proper notice, written ballots, and fair procedures are important for legal validity.
4. Enforcement
CC&Rs are enforceable in court and carry legal weight because they are part of the recorded deed restrictions. A violation can result in fines, legal demands, or even a lien on the property. Boards must follow due process, but they can take decisive action to resolve noncompliance.
Bylaws don’t usually enforce property restrictions. They guide board actions and provide structure. If the board violates the bylaws, members can challenge the board’s authority or call for new elections. Enforcement is more about board accountability than homeowner discipline.
5. Access
Both documents must be made available to members. Texas Property Code Section 209.005 requires HOAs to keep current copies of governing documents and make them available upon request. Many HOAs provide digital access through websites or management portals.
CC&Rs are also available through the county clerk’s office where the HOA is recorded. Because they are public records, any buyer or homeowner can view them. Bylaws may not always be recorded, but they must still be shared if requested by a homeowner.
Residents should review both documents to understand their rights and responsibilities. This helps prevent confusion and conflict in daily matters.
The Final Word
When comparing HOA bylaws vs CC&Rs, it becomes clear that each has a specific role. One governs board operations, while the other sets property standards. In Texas, both are essential to how an HOA functions. Knowing the difference helps homeowners stay informed, engaged, and protected in their communities.
Graham Management provides exceptional and reliable HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!
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