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HomeCivil CodeDiv. 4Pt. 5Ch. 3Art. 1§ 4205 Conflict Resolution Hierarchy

§ 4205 Conflict Resolution Hierarchy

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4205 Conflict Resolution Hierarchy

Key Takeaways

  • •If the rules of a group (like a homeowners association) disagree with the law, the law wins.
  • •If the group's main rules (declaration) and its setup papers (articles) disagree, the main rules win.
  • •If the group's daily rules (bylaws) disagree with the main rules or setup papers, the main rules or setup papers win.
  • •If the group's small rules (operating rules) disagree with the bigger rules, the bigger rules win.

Example

Your homeowners association has a rule saying no pets, but the law says people can have service dogs.

The law wins, so you can keep your service dog even if the association says no pets.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4205 Conflict Resolution Hierarchy

(a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail. (c) To the extent of any conflict between the bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration shall prevail. (d) To the extent of any conflict between the operating rules and the bylaws, articles of incorporation, or declaration, the bylaws, articles of incorporation, or declaration shall prevail. (Amended by Stats. 2013, Ch. 183, Sec. 11. (SB 745) Effective January 1, 2014.)

Last verified: January 21, 2026

Key Terms

governing documentslawdeclarationarticles of incorporationbylawsoperating rules

Related Statutes

  • § 6600 Conflict Resolution Hierarchy
  • § 4215 Common Interest Development Rules
  • § 4230 Developer Provisions Removal Authority
  • § 4235 Governing Document Cross-Reference Correction
  • § 6602 Common Interest Development Deeds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 4205.
View Official Source