Community Association Governing Documents: Simplified

In the realm of community associations, a structured hierarchy dictates the governing documents crucial for the operations and management of these associations. This hierarchy consists of:

-Federal and state laws and statutes

-Recorded map, plat, or plan

-Declaration of covenants, conditions, and restrictions (CC&Rs), master deed, proprietary lease, or occupancy agreement

-Articles of incorporation

-Bylaws

-Rules, regulations, and resolutions.

Articles of Incorporation

Filed with the local secretary of state's office or designated authority, these documents create the association as a corporate entity. They define the association's fundamental purposes, powers, and identify the initial board of directors, bringing the corporation into existence.

Bylaws/Constitution

These govern the association's operations, specifying details like the number of board members, election procedures, meeting frequency, notice and quorum requirements for the Board of Directors, and voting rules. Bylaws establish membership criteria, election protocols, and the general powers and duties of the board and officers.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

This document establishes the administrative framework for managing the association. Considered the primary governing document, it outlines procedures for the community, including assessment provisions, land restrictions, architectural controls, insurance, and enforcement guidelines. Filed locally, it informs potential purchasers about the association's existence and restrictions, defining ownership within the community.

Rules and Regulations

Established by resolutions, these regulations are created by the board and function within the boundaries set by the declaration or bylaws. Resolutions formalize board decisions, enact specific rules, and govern day-to-day operations within the community.

The structured hierarchy of governing documents in community associations forms the foundation for their operations. Each document defines the association's identity, operational guidelines, and rules. From federal and state laws to detailed resolutions, this hierarchy fosters a structured environment, ensuring adherence to norms for a well-regulated and harmonious community.