Does state law super cede CCR&RS and bylaws?

As you can see I live her in California.

Our Board ( yes which I use to be one but walked off about 8 months ago after I got one to many nasties from our President.. demanding I make myself available on a Satuday abd pick up some lumber for our rebuild of a room.. no kidding. . yes that drama factor has hit every HOA I think )

None the less, I am not on the board. But I do know our CC&Rs' have been on the works for over 2 years.. They are archiac documents to the tune of 26 years old with no updates or edits. They don't gel with local laws ( a few of them )

One thing I do know is when I left the board in Spring we had about 8 dead beat homowners who owed use thousands.. well into the 20's.

My question is... I know we in California have laws that make dead beat landlords have their tenants pay their rent to the HOA ( in attempt to collect for dues not paid in some cases years )

Also the most recent draft of cc&rs failed miserably for passing. Our homeowners me included could not live with some of the changes that the board decided to draft ( ie, not allowing home owners who own company cars.. like the one who parks next to our president to park in our garage because it's advertising a Home Medical Equipment co.... or not allowing foster animals which everyone knows the that same indvidual has had it for someone in the building who doe this ect ect ect. )

Many homeowners can see through the 200 page document and alot of it could be quesitoned as self serving.. It's a fail and it won't pass.

meanwhile our homeonwer dead beats collect monies from thier tenants. Can an HOA still collect even if the CCRs do not allow for this if state law does??

when two regulations are in conflict with each other, the one from the higher authority will "win".

However, one must not assume that "a state law always beats a county ordinance"... the key is "when they are in conflict".

So, if you have a state law that allows collection of fees through public flogging, for example, and a CC&R that prevents public flogging, the CC&R will still "win", because it is not in conflict with the higher law (which only allows for that option, it does not require it). Should the higher law MANDATE public flogging for deabeat owners, then the lower CC&R which forbids it would 'lose', and the higher order law be accepted.

So, just because state law allows collection of debts by method X, does not mean your HOA can do so if their own bylaws prohibit it. Your bylaws, while stricter, aren't in conflict with the more permissive laws of the higher order.