Homeowner Associations – a few definitions
Are you familiar with the difference between your homeowners association’s CC&Rs (Covenants, Conditions & Restrictions), Bylaws, Resolutions, and Rules & Regulations?You’re probably not alone. It is important to understand the authority and purpose of each of these governing documents, and where they lay in the hierarchy of legal authority. if you are part of an HOA.
At the top of this hierarchy is your state’s corporation, condominium and homeowner associations statutes. These may vary in each state. After that there is an order governing HOA’s documents of authority.
CC&Rs or Declaration:
The CC&Rs (Covenants, Conditions & Restrictions) or declaration are the basic “rules” of your homeowners association and are filed in the county where your community is located. It will include information on the land and language establishing the HOA, descriptions of the units where are the common areas, architectural standards are often include and any restrictions of use that may apply
The Bylaws explain how the HOA will be run and will contain information about quorum requirements, voting processes, when annual and special meetings will be held, how board members are elected, and general operating principles.
Resolutions are next in line of authority and establish procedures for more complex or formal issues that require clear definition, such as enforcement procedures.
Rules and regulations:
At he end of the level of hierarchy, rules and regulations help clarify and provide additional details to ambiguous language that may be in any of the other governing documents.