Who Really Rules the Roost?

Understanding HOA Authority

(From the Front Gate to the Back Gate)

Reality:

Every HOA operates within a strict hierarchy of authority — a finely tuned chain of command that starts well above the Board’s meeting table. From Washington, D.C. down to City Hall, each layer of law shapes what the Eastridge Hills HOA can and cannot do. Knowing that hierarchy isn’t trivia — it’s how we avoid legal missteps and keep our community compliant and credible.

Here’s the legal ladder, from top to bottom:

  1. Federal Law
    The Big Boss. Fair Housing, ADA, IRS codes, and federal constitutional protections override everything below.
  2. State Law
    California’s Davis–Stirling Common Interest Development Act (Civil Code §§4000–6150) and other state statutes govern how HOAs function. If an HOA document conflicts with state law — the law prevails.
  3. County & City Ordinances
    Local ordinances regulate building standards, zoning, land use, fire breaks, and noise. If the City of Fairfield prohibits a structure or setback, the HOA cannot approve it. The Association may adopt stricter standards — but never looser ones.
  4. CC&Rs (Covenants, Conditions & Restrictions)
    The community’s “Constitution.” These recorded covenants define homeowner rights, responsibilities, and property use. They are binding on every owner and can be amended only by a majority of the membership (and now can be easily adopted through electronic voting).
  5. Bylaws
    The Association’s operating manual. Bylaws define how the HOA conducts elections, holds meetings, and manages its business. If the CC&Rs are the “what,” the Bylaws are the “how.”
  6. Rules & Regulations
    The “house rules” that govern day-to-day conduct — parking, pets, paint colors, pool hours, etc. Adopted under Civil Code §4360, they require notice and homeowner comment before approval. These rules can clarify the CC&Rs but never contradict them.

Consequences:

When this order is ignored, things go sideways fast. A rule that conflicts with zoning or state law is unenforceable. A policy that overrides the CC&Rs is challengeable. A homeowner who builds outside city permit limits is ticketable. Understanding the hierarchy keeps our enforcement fair, our Board out of court, and our community reputation intact.

Call to Action:

Your Eastridge Hills Board of Directors intends to maintain a compliant, confident, and controversy-free HOA. Before starting a new project, suggesting a rule violation, or seeking approval for an improvement — check where it fits on the legal ladder. If it’s higher than us, we comply. If it’s lower, we refine. That’s how we stay on solid legal and ethical ground.

Transparency and compliance aren’t red tape — they’re the foundation of trust in every HOA decision.

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