Navigating the complex world of condominium and homeowners associations (HOAs) can be challenging for residents, board members and property managers. One of the critical aspects of managing these associations effectively is understanding the hierarchy of governing documents and how to resolve potential conflicting language. These documents dictate how the association operates, the rights and responsibilities of association members, and the rules that all owners, tenants, guests and invitees must follow. This article provides general information regarding the hierarchy of governing documents in condominium and homeowners associations.
1. Declaration of Covenants, Conditions, and Restrictions
The declaration of covenants, conditions, and restrictions (CC&Rs) is the foundational document for any homeowners association, and the declaration of condominium is the foundational document for any condominium association. These documents outline the rights and obligations of the association and its members, including, but not limited to, use restrictions, maintenance responsibilities, assessment obligations, architectural modification procedures, and the process for making amendments.
The CC&Rs or declaration of condominium, as applicable, take precedence over other governing documents. They are legally binding and are recorded in the public records of the county where the property is located, ensuring all homeowners are aware of and comply with the established rules. Amending the CC&Rs or the declaration of condominium typically requires a significant vote of the association’s members, reflecting its importance and binding nature.
2. Articles of Incorporation
The articles of incorporation establish the association as a legal entity, typically a not-for-profit corporation. This document is filed with the state and outlines the association’s purpose, powers, and organizational structure.
The articles of incorporation provide the association with legal status, allowing it to enter contracts, sue or be sued, and carry out its duties as a corporate entity. While the articles of incorporation are crucial, they are subordinate to the CC&Rs or declaration of condominium, as applicable, in the event of conflicts between the two documents.
3. Bylaws
Bylaws are the operational guidelines for the association’s governance. They detail the procedures for meetings, elections, and the roles and responsibilities of the board of directors and executive officers.
Bylaws ensure that the association operates smoothly and transparently. They cover essential aspects such as quorum and meeting notice requirements, voting procedures, and board member duties. Bylaws must be consistent with both the CC&Rs or declaration of condominium, as applicable, and the articles of incorporation. However, any conflicts are resolved in favor of the higher-ranking documents.
4. Rules and Regulations
Rules and regulations are the specific guidelines that govern the day-to-day activities within the community. Rules and regulations may or may not be recorded in the public records and typically include restrictions on noise levels, parking, and the use of common areas and amenities.
Rules and regulations are generally designed to maintain order and to ensure a high quality of life within the community. They are easier to amend than the CC&Rs or declaration of condominium, typically (in most cases) requiring only board approval. The association has the authority to enforce rules and regulations and may impose penalties for violations, ensuring compliance and harmony among residents, provided that all proper penalty procedures are followed.
Conclusion
Understanding the hierarchy of governing documents is essential for effective management and compliance within condominium and homeowners associations. Navigating the complexities of association governing documents is best done in consultation with competent and experienced legal counsel. Contact Association Law Group today to learn how the firm’s expertise can benefit your association and ensure compliance with your association’s governing documents.
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