|HOA Governing Documents|
HOA Governing Documents
The governing documents for a common interest development consist of:
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.
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.
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.
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.
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