What Are HOA Documents

Dated: 05/02/2014

Views: 211

HOA Governing Documents  The governing documents for a common interest development consist of: 
      • Declaration
      • Articles of Incorporation
      • Bylaws
      • Operating Rules
      • All other documents that are used to govern 
Declaration:  The "Declaration" contains the conditions, covenant, and restrictions that govern the use and enjoyment of the development. The Declaration is commonly referred to as the "CC&Rs."  The restrictions that are contained in a recorded declaration bind all owners of separate interests in the development and are enforceable as equitable servitudes unless they are found to be unreasonable. Articles of Incorporation: If an association is incorporated, it must have "Articles of Incorporation"  that are filed with the Secretary of State in the state where the common interest development is located. The Articles of Incorporation are typically a short document that contains information sufficient to comply with the law, but they do not contain provisions pertaining to internal management or restrictions that are enforceable against the members.  Bylaws: An association's "Bylaws" contain provisions concerning operation of the development and the internal governance of the association. The Bylaws cover matters such as officers, directors, regular and special meetings of directors and members and required notices pertaining to same.  The Bylaws are not recorded documents and are not enforceable as equitable servitudes as is the Declaration. For that reason, the Declaration will frequently cover areas that might otherwise be found in the Bylaws. Rules and Regulations: The association's "Rules and Regulations" are adopted by the association's board of directors as internal rules and regulations that are intended to implement and supplement the provisions of the Declaration and other governing documents. The Rules are not recorded documents and are not enforceable as equitable servitudes
Blog author image

Arna Freedman CA BRE#00925320

Real Estate Services You will love! We make the process for you. Your transaction will go smoothly, you can rest knowing that you're interests will be represented and will yield you the best price pos....

Want to Advertise on this Site?

Latest Blog Posts


 Upcoming Changes for Some Home Buyers & Homeowners       Under the new tax law, homeowners will have decisions to make in 2018,

Read More

Price Reductions On Aliso Viejo Homes For Sale

If you're trying to find a good deal in Aliso Viejo you might want to focus on the homes that have price reductions?This might be of help when looking for a deal in today's market. Aliso

Read More

New Home Buyer Options For High Prices

Multigenerational homes are coming back in a big way! In the 1950s, about 21%, or 32.2 million Americans shared a roof with their grown children or parents. According to an article by 

Read More

Would You Like Down Payment Assistance

Would You Like Down Payment Assistance?  Almost Free Money to Buy A Home?My Lender Team and I can help you get into your home by the Holidays! How exciting would that be?Al will help you

Read More