What Is the Difference Between Bylaws & Covenants?

Bylaws must be voted on, while a covenant is a formal, legal agreement.

If you've ever bought a house which required you to join a home owner's association (HOA), you were likely given a packet of both bylaws and covenants. While each document may look similar, they have very distinct purposes and different legal powers.

Bylaws

Bylaws are official rules which an association or governing body adopts. They are often written in legal language.

Covenant

A covenant can be written by a single person or an association/governing body. It's considered a contract, or agreement, which two or more people agree to honor.

Voting

Bylaws must be voted in by the association or governing body, usually by a majority vote (50 percent plus one). A covenant, on the other hand, is not voted on. A person involved in the agreement signs the covenant to show his approval and acceptance of the rules it contains.

Legal Importance

Since bylaws become a type of law for the association or governing body once adopted, the rules and guidelines listed in a set of bylaws trump any listed within covenants. For example, an HOA cannot vote in bylaws but then agree to a covenant that violates any section of the bylaws.

Expressed or Implied

Bylaws are always written (expressed), but covenants can be either expressed or implied (the agreement is not explicitly stated). However, only written covenants can be enforced by law. Unwritten covenants are not considered official.

References

• The Association of Management Company: Frequently Asked Questions
• The Free Dictionary by Farlex: Bylaws
• The 'Lectric Law Library: Covenant