United States | Bylaws
HOA Bylaws: What They Cover and How to Change Them
Bylaws are the rules for running the association as a corporation: how the board is elected, how many directors serve, what officers do and how meetings work. The CC&Rs, or declaration, are a separate recorded document with the rules for the property. When the bylaws say nothing on a point, state law fills the gap.
The short answer
- Florida defines an HOA's governing documents as the recorded declaration and its amendments, plus the articles of incorporation and bylaws.
- California's DRE: bylaws "usually set forth how members vote for the board of directors, the number and term limit of members of the board of directors, the duties of the board, the duties of the officers".
- When Florida HOA bylaws are silent: quorum is 30 percent, and member meeting notice is 14 days.
- Florida HOA documents can be amended by a two-thirds vote of the voting interests unless they say otherwise. Florida condo bylaws with no amendment method need two-thirds too.
- Texas bars bylaws that stop owners from running for the board, with some exceptions.
Bylaws, CC&Rs, articles and rules
California's DRE says the CC&Rs contain "the ground rules for the operation of the association", and that because the association "is usually a corporation, bylaws establish the rules by which the corporation will be run."
| Document | What it does | Where it comes from |
|---|---|---|
| Declaration (CC&Rs) | Rules for the property: common areas, the duty to pay assessments, use limits, insurance, architectural control | Recorded in the county land records |
| Articles of incorporation | Create the association as a corporation | Filed with the state |
| Bylaws | How the corporation runs: board elections, number of directors, officers, meetings | Adopted by the association |
| Rules and regulations | Day-to-day rules adopted under the declaration | Adopted by the board, as the documents allow |
What state law sets when the bylaws are silent
- Florida HOA quorum: 30 percent of total voting interests, unless the bylaws set a lower number (s. 720.306(1)(a)).
- Florida HOA decisions: a majority of the voting interests present at a meeting with a quorum, unless the law or documents say otherwise.
- Florida HOA member meeting notice: at least 14 days, if the bylaws are silent (s. 720.306(5)).
- Florida HOA board size: one or more people, as the articles or bylaws set (s. 617.0803).
- Florida condo board size: five members if the bylaws are silent, or at least three in a nonprofit condo of five or fewer units (s. 718.112(2)(a)1.).
- Florida condo quorum: a majority of voting interests, unless the bylaws set a lower number (s. 718.112(2)(b)1.).
- Texas condo quorum: 20 percent of the votes for owner meetings unless the bylaws say otherwise, and never below 10 percent (Tex. Prop. Code 82.109).
Rules that override the bylaws
- Florida: any director can be recalled by a majority of total voting interests, "Regardless of any provision to the contrary contained in the governing documents" (s. 720.303(10)).
- Florida: directors may not vote by email or by proxy at board meetings (s. 720.303(2)).
- Texas: a rule that restricts an owner's right to run for the board is void, with exceptions. Bylaws may require some, but not all, directors to live in the subdivision (209.00591).
- Texas: every HOA must call an annual meeting, "Notwithstanding any provision in a dedicatory instrument" (209.014).
Amending the bylaws
- Florida HOAs: unless the documents or law say otherwise, any governing document may be amended by two-thirds of the voting interests. Within 30 days after recording an amendment, the association sends copies to members (s. 720.306(1)(b)).
- Florida condos: the bylaws must state how they are amended. If they do not, an amendment needs approval from owners of at least two-thirds of the voting interests. A proposal must show the full text, with new words underlined and deleted words struck through (s. 718.112(2)(j)).
- Texas: HOAs of at least 60 lots, or any HOA with a management company, must post the current recorded governing documents on a website (207.006).
Florida and Texas rules were read in the statutes themselves on 31 October 2026. California's code site refused every request that day, so California rules come from the Department of Real Estate's booklet RE 39, revised June 2016, and may have changed since. Your own declaration and bylaws can add rules, and other states have their own laws.
Common questions
What is the difference between HOA bylaws and CC&Rs? +
The CC&Rs, or declaration, are recorded rules for the property and the duty to pay assessments. The bylaws are the rules for running the association as a corporation: elections, directors, officers and meetings.
How do you amend HOA bylaws in Florida? +
Unless the documents say otherwise, by two-thirds of the voting interests. The association sends copies of a recorded amendment to members within 30 days.
What if the bylaws do not say how to amend them? +
For a Florida condo, an amendment needs approval from owners of at least two-thirds of the voting interests.
What is the quorum for an HOA meeting in Florida? +
30 percent of total voting interests, unless the bylaws set a lower number.
How many directors must an HOA board have? +
In Florida, one or more, as the articles or bylaws set. A Florida condo with silent bylaws has five, or at least three if it is a nonprofit of five or fewer units. A Texas condo board has at least three after developer control ends.
Can bylaws stop me from running for the HOA board in Texas? +
A rule restricting an owner's right to run is void, with exceptions. Bylaws may require some, but not all, directors to live in the subdivision.
Can bylaws block a recall in Florida? +
No. A majority of total voting interests can recall any director regardless of the governing documents.
Where do I find my HOA's bylaws? +
Ask the association. In Texas, HOAs of at least 60 lots or with a management company must post their governing documents online, and Florida HOAs of 100 or more parcels must post listed documents on a website or app.
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