Understanding Your HOA Governing Documents
To understand your HOA governing documents, think of them as the rulebook that sets the terms of the association’s contract and explains what the HOA and homeowners can and must do. In general, these documents include the CC&Rs (Covenants, Conditions, and Restrictions), the articles of incorporation, the bylaws, and the rules and regulations, and laws sit above the HOA documents if there’s a conflict.
Understanding HOA Governing Documents
HOA governing documents serve as the essential rulebook for homeowners associations (HOAs). They outline the rights and responsibilities of both the association and its members. Here’s a breakdown of the key components and how to interpret them.
Key Components of HOA Governing Documents
Document Type Description
Covenants, Conditions, and Restrictions (CC&Rs): These are the foundational and often most comprehensive rules that govern property use, architectural controls, and overall community standards. They are legally binding, recorded with the county or relevant authority, and apply to all homeowners and their guests for as long as the covenants remain in effect.
Articles of Incorporation: This formal document establishes the HOA as a legal entity and outlines its primary purpose, structure, and powers. It authorizes the association to enter contracts, hold property, sue or be sued, and take other actions necessary to manage the community.
Bylaws: Bylaws set out the internal governance framework for the HOA, including details on board composition, election procedures, member voting rights, meeting notice and quorum requirements, officer duties, and procedural rules for conducting association business.
Rules and Regulations: These are more specific, day-to-day operational guidelines addressing community issues such as parking restrictions, pet policies, amenity usage, noise standards, and landscaping. Rules and regulations are typically easier to amend and can often be changed by the board without requiring a full homeowner vote.
Federal and State Laws: Federal and state statutes and regulations supersede HOA documents when conflicts arise, ensuring that association policies comply with broader legal standards such as fair housing laws, consumer protection statutes, and state nonprofit or common-interest community laws.
Importance of Understanding the Hierarchy
Understanding the hierarchy among these governing instruments is crucial for resolving conflicts and determining which provisions control. In general, federal and state laws take precedence over all HOA documents. Next come the CC&Rs, followed by the articles of incorporation, and then the bylaws and any supplemental rules or regulations. Knowing this order clarifies authority, helps homeowners contest improper enforcement, and guides boards when drafting or amending documents.
Accessing Your Governing Documents
Homeowners typically receive copies of these documents at closing, but if you need to access them later, common avenues include:
Community website or app: Many HOAs post current governing documents, amendments, and meeting minutes online for homeowner convenience.
Management company: Request copies directly from the association’s management company or property manager, who should maintain records.
HOA board or records custodian: The board or designated records officer can provide official copies or direct you to where they are kept.
Public records: Some governing documents are recorded with local government offices and can be obtained through county recorder or clerk offices.
Understanding and reviewing your HOA governing documents is essential for ensuring compliance, protecting your homeowner rights, and participating effectively in the governance of your community.