What are Governing Documents?

In the event of a conflict in any of the provisions of any such documents, the documents shall govern or control in the following order or preference: (a) this Declaration; (b) the Articles of Incorporation of the Association; (c) the By-Laws of the Association; and (d) the Rules and Regulations.  (CC&Rs 13.1)

The Declaration=CC&Rs

The Articles=The Articles of Incorporation

The By-Laws=The By-Laws of the Association

Rules=Rules and Regulations

Covenants, Conditions, and Restrictions

The Declaration of CC&Rs is the legal document that lays out the guidelines for the planned community. The CC&Rs are recorded in the county records in the county where the property is located and are legally binding. This means that when you purchase a lot or a home in a planned community, for example, you automatically become a member of the homeowners association (HOA.)

Basically, the CC&Rs are the rules of your neighborhood. They govern what you can, cannot, or must do with respect to your home. If you don’t abide by the CC&Rs, the HOA may impose penalties for any violations.

Articles of Incorporation

The Articles of Incorporation or “Articles” are usually short and often contain only the name of the homeowners association, the name of the association’s initial agent for the service of process (the person authorized to receive legal notices), and a statement that the association is a nonprofit mutual benefit corporation.  Articles are prepared by the developer’s attorney, reviewed by a government agency (unless the project has fewer than five units or lots), and filed with the secretary of state.

By-Laws

An HOA, which is generally set up as a non-profit corporation, is an organization established to manage a private, planned community. Like other corporations, the HOA is governed by a board of directors (who are elected by the members) and a set of rules called by-laws.

The bylaws govern how the HOA operates and contain the information needed to run the HOA as a business. For example, the bylaws cover matters such as:

• ·      how often the HOA holds meetings
• ·      how the meetings are conducted
• ·      the duties of the various offices of the board of directors
• ·      how many people are on the board, and
• ·      membership voting rights.

Rules and Regulations
The Rules and Regulations is a list of things that HOA members are allowed and not allowed to do.  They are created by the Board of Directors based on the CC&Rs. They can be as precise as the HOA’s members want it to be, but ultimately the HOA’s members must agree to these rules.