HOA Governing Documents Decoded: Everything You Need to Know
Remember all those documents you received when you closed on your home with a homeowners’ association (HOA)? Tucked in there were your HOA’s governing documents—and you probably signed a legal form acknowledging that you read and agreed to abide by them.
Essentially the constitution, law, and regulations that explain how a community is governed, these documents cover the ins and outs of your HOA, including homeowner rules, board member restrictions, and much more. Let’s look at what’s in your HOA governing documents and where you can find them.
What are HOA Governing Documents?
Governing documents are legally binding documents that detail how a community association is governed. They set expectations for residents, board members, and vendors and are designed to promote unity, offer guidance, and keep operations running smoothly. All residents are required to abide by them, and penalties like fees are in place if you fall short.
What’s in HOA Governing Documents?
Every association is a bit different, but they all have a set of governing documents. In the governing documents, you’ll find:
Recorded Map, Plat, or Plan
The map, plat, or plan is a diagram that describes where the association and its structures and features, like units, lots, and common areas, are located. Within it, you’ll see easements, rights-of-way, flood zones, open spaces, roadways, and property boundaries, too.
Covenants, Conditions, & Restrictions
Covenants, Conditions, and Restrictions, also known as CC&Rs and sometimes called the declaration or master deed, are typically the most thorough and comprehensive documents. Legally binding and filed with the state, they include the obligations of the entire association. This is where you’ll get the low-down on responsibilities like:
- Fees, dues, special assessments, and late payments
- Maintenance, what homeowners pay for, and what the association covers
- Architectural standards, including limitations on remodeling and development
- Property-use restrictions and legal definitions of common areas and amenities
The CC&Rs also include the rights of homeowners and board members. While rights differ among communities and between board members and homeowners, the goal is generally to preserve the peace and harmony of the HOA.
Related Content: Start Smarter: Ten Frequently Asked Questions About HOAs
Articles of Incorporation
Most HOAs are non-profit organizations, which means they must file Articles of Incorporation within their jurisdiction or with their local secretary of state to operate. Brief and simple, the Articles of Incorporation are a basic form provided to the government that entails the community’s name, location, purpose, and founders.
Bylaws
While the CC&Rs detail the legal obligations of the association, bylaws outline the logistics of how the HOA should function. In short, they’re the technical rule book for the administration and day-to-day management of the association. They usually entail specifics on things like:
- Board nomination and election processes
- Meeting frequency
- Board term lengths
- Quorum and voting requirements
- Budgeting procedures
Related Content: Committees You Can Count On
Rules & Regulations
HOA rules and regulations are as they appear and break down what is and isn’t allowed. More flexible than the CC&Rs, their primary purpose is to protect your investment and provide a common framework for neighbors, and not following them can carry consequences, like warnings or fines. The types of regulations you’ll probably find:
- Parking guidelines
- Gym hours
- Occupancy limits
- Guest restrictions
- Pet size and quantity limits
- Noise complaint policies
- Trash and recycling rules
Often, your HOA rules and regulations aren’t set in stone. If rules are unclear or no longer serve or apply to the association, the board and homeowners may have the authority to adopt new rules or change old rules.
Four Places to Find Your HOA Governing Documents
You should receive your governing documents at closing, but if you’ve misplaced them or need a refresh, these are good places to start.
- Your community’s website or app. Many associations opt to make their governing documents available electronically.
- Local public record. Most governing documents must be filed with one or more governmental entities, making them public records that can be accessed through local government offices.
- Your management company. They can usually provide a set of documents or offer directions on getting them.
- Your HOA board members. Just reach out and inquire about obtaining governing documents.
Ultimately, you want to make sure you know how to access and read your HOA governing documents. They’ll help you be a better homeowner and community member, improving the HOA living experience for everyone who calls your association home.
More HOA Info You Need to Know
Taking a deep dive into your governing documents can be daunting, especially when you’re not hip to the HOA lingo. For help understanding the vocabulary that defines HOA life, check out our “Need-to-Know Lingo: 10 HOA Terms Every Resident Should Know” article, where we explain the board of directors, reserve fund, and other common community phrases.
HOA Governing Documents FAQs
Why are governing documents necessary?
Governing documents create a legally binding relationship between homeowners and the communities they live in. This helps to ensure that communities are properly used, cared for, and maintained by all involved parties.
What is the HOA governing documents hierarchy?
Some governing documents do take precedence over others. Here is the hierarchy for all laws related to HOAs, starting with the most relevant:
- Federal and state laws
- Recorded Map, Plat, or Plan
- Covenants, Conditions, & Restrictions (CC&Rs)
- Articles of Incorporation
- Bylaws
- Rules & Regulations
- Any Additional Official HOA Documents (Meeting Minutes, Insurance Policies, etc.)