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HOA Governing Documents
Whether you are a homeowner living in an HOA, a recently elected Board member, or an aspiring Community Manager, it is important to understand the differences between the multiple HOA governing documents: the HOA Bylaws, CC&Rs, and Rules & Regulations, by which an HOA operates. If you are a homeowner, for example, becoming familiar with your community’s rules, knowing what is and isn’t permitted concerning your home, and knowing where and how to find this information will prevent you from having to deal with the consequences of non-compliance, which in most cases, can include fines and other types of penalties.
What are the HOA Governing Documents
Typically, all associations have governing documents, including Bylaws, CC&Rs (Covenants, Conditions, and Restrictions), and Rules and Regulations. These HOA governing documents outline the rules, policies, and contractual terms that Board members and homeowners must follow within the homeowners association.
In most cases, these governing documents are initially drafted by the community’s developer and enforced and modified as necessary by the Board of Directors.
All new owners moving into a property within an HOA will be given access to the association’s official records for review. As soon as they close escrow, they agree to the legally binding rules and policies mentioned.
HOA Governing Documents Hierarchy
Legal Requirements:
All federal, state, and local laws must be followed across all levels of governance.
Covenants, Conditions, and Restrictions (CC&Rs):
This key document outlines the balance of authority and the HOA’s and its homeowners’ respective obligations.
Articles of Incorporation:
Establishes the HOA as a legal entity and defines its basic structure and purpose.
Bylaws:
Detail the internal rules and procedures by which the HOA operates, including voting, meetings, and board responsibilities.
Understanding the Differences Between HOA Documents
CC&Rs
Generally, the CC&Rs are the most extensive HOA governing document of an HOA. They contain homeowners’ rights and responsibilities and outline the architectural guidelines of the properties within the association. The primary purpose of CC&Rs is to regulate homeowners’ association architectural modifications based on community-approved standards. This regulation aligns with the HOA’s core mission: to protect, preserve, and enhance home values within the community.
For example, your homeowners association CC&Rs might require that all homes be painted tan for aesthetic reasons. If your neighbor decides to paint their house red, the HOA might fine them until they comply. Fines and other penalties for non-compliance will vary from association to association. Nonetheless, all should be clearly outlined in the CC&Rs.
It is important to note that if any conflict exists between a provision stated in the CC&Rs and an “HOA rule” generated by the HOA board members, the one outlined in the CC&Rs will always precede, and the latter will become invalid.
Common HOA CC&Rs can include:
- HOA Dues and Assessment Obligations
- Association and Homeowner Maintenance Obligations
- Architectural and Design Standards
- Vehicle Restrictions
- Pet Restrictions
- Rule Enforcement Procedures and Penalties
- Short-Term Rental Restrictions
Rules & Regulations
Many associations adopt additional rules to help enforce or clarify the guidelines outlined in the CC&Rs, known as Rules & Regulations. They’re commonly referred to as a catch-all for items not specifically addressed in the other governing documents of the homeowners association. Typically, these rules will be more detailed than the CC&Rs and will likely be modified based on the community’s current needs.
For example, pool hours, gym hours, visitors’ parking hours, pet policies, and others. These things could change based on seasonality, membership demographics, the community’s current state, and current events, e.g., pandemics etc.
The Board of Directors can modify the Rules and Regulations by vote. However, HOA members should always be informed of any changes or additions to the Rules and Regulations or any other governing document.
Bylaws
The Bylaws of an HOA contain all the information and rules specifically related to the association’s operations and management. In most cases, they outline the Board of Directors’ governing structure, the procedures for matters such as Board elections and membership meetings, and the board’s rights and responsibilities.
More detailed examples of what you can find in your HOA Bylaws are:
- Membership Requirements
- Board Requirements
- Meeting Notices
- Board Meeting Frequency
- Quorum Requirements
- Voting Requirements and Frequency
- Term Limits for Board Members
A basic understanding of the differences between an association’s governing documents is crucial for harmonious living in an HOA. Familiarize yourself with your HOA governing documents, including HOA Bylaws, CC&Rs, and Rules & Regulations. It’s always wise to follow your HOA governing documents. When community members collaborate to improve their neighborhood, everyone shares in the positive results.