About The HOA Governing Documents

The HOA Governing Documents are a generalized term that is used to refer to all of the documents that are used to regulate, control, and organize each individual HOA. These documents are subject to local, state, and federal laws. They are the guidelines each community must follow.

These governing documents are important in making the community run smoothly. The HOA documents should be referred to often in the case of disputes, violations, and enforcement. They are also crucial in some cases in determining who is responsible for maintenance and repairs. An understanding of your HOA governing documents is essential to know how your community works and how you can be an integral part of it.

You may download copies of these documents form this website or request copies either through our current management company.

There are four types of HOA governing documents, which are outlined below:

 

1. Covenants, Conditions, and Restrictions CC&Rs

The CC&Rs are a document that is signed by each homeowner upon entering into a contract with an HOA.

This document is legally binding and is filed with the state in which the home is purchased. In most cases, the CC&Rs are considered the primary document of homeowners associations.

This document lists many of the important items that are agreed upon by the community. This includes clarifications about maintenance responsibility, restrictions regarding property appearance and use, assessments and fees, and insurance requirements. It also contain the guidelines for enforcement and resolution of conflict. They define the rights of every resident, as well as the organization itself. These documents are typically the most comprehensive. They are also widely regarded as the most crucial out of all the HOA governing documents.

CC&Rs

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CC&R Adds

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2. Articles of Incorporation

An HOA is considered a nonprofit organization, therefore filing articles of incorporation is usually mandatory in the state of California.

When a planned development or condominium is first established, a homeowner association is formed, and articles of incorporation are filed with the secretary of state. Every new homeowner automatically joins the association, though they generally do not need to look through these articles.

The HOA articles of incorporation, while important, consist of only fundamental details. This includes the association’s name, location, and purpose.

 

Articles

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3. Bylaws

Bylaws are a semi-permanent set of guidelines that outline the processes of everyday governance and structure of the community.

Most of the homeowners association bylaws have to do with the board. They outline important items such as:

• Length of the term
• When board meetings should be held
• When the annual meeting should be conducted
• How many members must be on the board,
• Roles and responsibilities of board members
• How new members are elected (Note: The state has recently made changes to this process)

Additionally, these ho documents describe how the annual budget should be created and how assessments must be calculated.

Bylaws

4. Rules and Regulations R&Rs

The CC&Rs contain more general rules pertaining to the community and its residents, homeowners associations still create a separate document called rules and regulations. These HOA rules and regulations are generally lengthier and more specific than the CC&Rs.

These documents are more flexible than the CC&Rs, given that the board has the ability to set a change in motion while only giving members of the community 30 days to review and express concerns at the change.

The HOA rules and regulations aka R&R’s are set in place as a safety net to include anything that was missed or did not fit into categories in the CC&Rs and bylaws. They are usually smaller considerations regarding pool use, parking, pets, and general use of community amenities and common spaces. The rules and regulations help day by day interactions between homeowners, and their families, pets, and properties, in order to make everyone comfortable.

You must keep in mind, though, that the CC&Rs are higher on the hierarchy of authority than the rules and regulations. Should a rule come into conflict with a covenant, the CC&Rs will take precedence.

R&Rs