A. Few people like fine print or red tape but there are several important documents homeowner’s need to be familiar with. Collectively, they are called Governing Documents. Depending on the type of Association you live in, individual documents will differ. Each is very useful tool, which will provide specific guidance.
Governing documents will provide the structure within which the board can work effectively. They’ll guide board decision making, and support association operations. Their greatest value, however, lies in the protections they provide to board members.
Community association governing documents typically include several items in descending order of authority.
- Articles of Incorporation: Create the corporation under state law and define the Association’s basic purposes and powers
- Declaration or master deed, including Covenants, Conditions & Restrictions, or CC&Rs (in condominiums and planned communities): Regulates resident behavior. They bind all the owners to the Association, establish Association responsibilities, and define owner’s rights and obligations.
- By-Laws: Contain provisions concerning actual Association operations, such as meetings, procedures for electing Board Members and officers, and general duties of the Board.
- Rules and Regulations: Are adopted by Board of Directors’ but must be consistent with the Declaration, By-Laws and state laws.