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All homeowners’ association (HOA) residents and board members must abide by legally binding governing documents. Signed when purchasing a property with an HOA, the governing documents establish how the association functions on a larger and day-to-day scale.
If you’re struggling to understand the fine print, you aren’t alone. Dense and jam-packed with legal jargon, HOA governing documents can be difficult to decode. Save yourself the headache—read on to reveal what’s inside your HOA’s playbook.
What Are HOA Governing Documents?
HOA governing documents are a collection of legal documents that detail how the association should be governed and operated. They often include:
- Federal, state, and local laws
- HOA plat or map
- Covenants, Conditions, and Restrictions (CC&Rs)
- Articles of Incorporation
- Bylaws
- Rules and Regulations
Why Are HOA Governing Documents Important?
Governing documents are more than a stack of complicated paperwork; they provide clarification and accountability for every HOA role and protocol. These documents align the community, set expectations, and eliminate the potential for conflicts between residents, board members, or management teams.
HOA Governing Documents Hierarchy
Below is a breakdown of your governing documents, organized by their rank:
1. Federal, state, and local laws
All HOA governing documents are governed by respective federal, state, and local laws. These laws regulate how an HOA is formed, outline legal requirements, and prohibit changes to governing documents that would violate statutes. Sharing these documents provides full transparency on what board members can and can’t legally enforce within the community.
2. HOA Plat
Plats are drawn-to-scale maps of the land on which an HOA is built. Real estate developers design them to define property aspects and characteristics, such as residential parameters, rights-of-way, streets, and housing lots.
Plats help residents better understand the boundaries of their lots and clarify land ownership or maintenance duties. For example, if a maintenance issue arises and there’s uncertainty about who’s responsible, the HOA plat can provide answers.
3. CC&Rs
Although they aren’t the highest-ranking item in the hierarchy, CC&Rs (also called the Declaration or Master Deed) arguably carry the most importance. CC&Rs help residents understand obligations and rights within the HOA. CC&Rs usually contain the following:
- Property-use appearance and restrictions
- Legal definitions of amenities
- Architectural standards
- Maintenance cost coverage
- Fees, dues, and special assessment details
Easily the most extensive section of the governing documents, CC&Rs are also typically the most amendable, too. They may be altered if an aspect becomes outdated or no longer relevant.
4. Articles of Incorporation
Filed with the local secretary of state, the Articles of Incorporation designate the HOA as a non-profit organization and bring it into existence. While there’s little documentation that may be useful for residents or board members, their use in establishing the HOA is necessary. In the Articles of Incorporation, you’ll discover information like:
- The association’s founding date
- Its organizational purpose
- The HOA’s official location
5. Bylaws
Bylaws outline operational procedures and how the board functions logistically. Topics addressed in the Bylaws typically include:
- Elections
- Meetings
- Powers
- Voting
- Quorum
- Budgeting
Learn More: HOA Bylaws and Regulations: Everything you need to know
6. Rules and Regulations
The HOA Rules and Regulations are how the board implements CC&Rs. Overall, they exist to explain what is and isn’t allowed in an HOA. Within them, you’ll find:
- Parking guidelines
- Amenity hours
- Guest restrictions
- Pet limitations
- Trash rules
- Complaint policies
Are HOA Governing Documents Public Record?
In most cases, documents are readily available for residents to request with a small transaction fee; however, some files with personal and sensitive information can’t be released.
How to Organize HOA Governing Documents
The board or management company should store the physical documents in a dry and safe location. However, many HOAs are now embracing technology to modernize document management. Dedicated HOA platforms like TownSq boast features for storing and sharing community documents with convenient, on-demand access. With TownSq Documents, users can:
- Categorize documents with simple folders and subfolders.
- Find files fast with flexible search options by name, description, and folder.
- Navigate easily with a clean interface and sleek design.
- Access and share key documents in a variety of formats.
- Maximize productivity by keeping homeowners informed and freeing boards to focus on growth.
Download our Complete HOA Governing Document Guide here.
Optimize File Management with TownSq
Deciphering the intricacies of your governing documents can be overwhelming, but managing them doesn’t have to be. With TownSq Documents, you can upload, store, and organize community files and essential documents, finding what you need in seconds—without switching tabs. Request your complimentary demo to learn more today!
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