Understanding the Standard Hierarchy of your Community Association Governing Documents and their Content and Purpose
The purposes of your community association's governing documents are to provide for the legal structure and operation of your community. The documents: a.) define the rights and obligations of both the community association and its owners; b.) create a binding relationship between each owner and the community association; c.) establish the mechanisms for the governing and funding of the community association's operations and; d.) set for rules and standards for the protections of both owners and the community, enhancement of property values and promotion of harmonious living.
The general hierarchy of authority for governing documents is a loose one because not all documents address all issues involved in operating a community association. The general hierarchy of authority among governing documents is as follows:
1. Recorded Map, Plat, or Plan - The drawing that illustrates how a property is divided into units or lots. The map shows the exact location of all property boundaries, unit boundaries, and common area locations.
2. Declaration (also called the convenants, conditions and restrictions (CC&Rs) or deed of restrictions) - A legal document that a community association uses to govern itself. A legal document that establishes how everyone and everything is to operate within the organization; it commits land to community association use, creates a community association and serves as constitutional law, defines the method of determining each unit owner's share of the common area, and included restrictions and covenants. The declaration defines individual ownership rights and the association's rights.
3. Articles of Incorporation (also called Certificate of Incorporation) - The document that establishes the corporate structure for the community association; a certificate that establishes a homeowners association as a corporation under state law. These articles define the purpose and powers of the association.
4. Bylaws of the Association (also called Code of Regulations) - regulations that provide specific procedures for handling routine matters; secondary laws that govern a community association's internal affairs and deal with routine operational and administrative matters.
5. Board Resolutions - A board resolution is a motion that follows a set format and is formally adopted by the board of directors. Rules and regulations for all community associations are established by means of board resolutions,as well as, guidelines for owners that outline requirements specific to maintenance responsibilities and the like. The rules and regulations give further definition to a community association's declaration and by-laws.
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