Practice Area

HOA Governing Document Conflict — CC&Rs vs. Bylaws vs. Rules

Texas Property Code · Texas Courts

Situation — How This Comes Up

Different HOA documents say different things about the same issue and the board is applying whichever one benefits them.

What You Need to Know First

Texas law establishes a hierarchy for HOA governing documents. When documents conflict, the Declaration controls over Bylaws, which control over Rules and Regulations. A board that inverts this hierarchy is acting outside its authority.

Full Analysis

Texas HOA governance operates on a document hierarchy: the Declaration of Covenants is supreme, followed by Bylaws, followed by Rules and Regulations. When documents conflict, the higher-ranking document governs — and a board that applies a lower-ranking document to override a higher one is acting ultra vires.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480