A Guide to HOA Governing Documents
Moving into a community with a homeowners association (HOA) often means getting familiar with documents that shape how the community operates. These “governing documents” include guidelines and responsibilities for both residents and the HOA itself. Understanding the purpose of each document can help residents better navigate their community and feel more informed. These governing documents can be found on the Association’s portal. Using the guide below, you can quickly find answers to many of your questions—rather than lying awake wondering if your RV will get towed because you’re unsure about overnight parking rules.
Navigating HOA Governing Documents
It’s easy to feel overwhelmed by HOA documents, but each serves a distinct purpose. For new residents, taking time to review the CC&Rs, bylaws, and rules can prevent misunderstandings and clarify your responsibilities and expectations.
For HOA boards, maintaining well-organized and accessible documents ensures transparency and smooth governance. Whether you’re a resident or a board member, understanding the basics of these documents fosters a harmonious and well-managed community.
If you have any questions or need clarification on a specific issue, please contact your Community Manager.
By Marlena Weisbrot, Aperion Management Group Human Resources Director
- Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs are the foundation of the HOA, outlining essential rules that homeowners must follow to maintain a well-run community. These include property maintenance standards, responsibilities, requirements for renovation approvals, and restrictions on things like exterior paint colors. Since the CC&Rs apply to everyone, they are officially recorded with the county and are enforceable. The next time you encounter a wobbly railing, you’ll know where to check if the repair falls under the HOA’s or the homeowner’s responsibility. - Bylaws
While the CC&Rs focus on how residents care for their properties, the bylaws define how the HOA operates. They establish roles and responsibilities for board members, outline meeting procedures, and describe how decisions are made. Homeowners who review the bylaws can gain insight into participating in board activities, attending meetings, or voting on community issues. - Rules and Regulations
Rules and regulations are developed by the board to build on the CC&Rs, addressing details like pet policies, noise guidelines, and rules for using community amenities. Unlike the CC&Rs, these rules don’t require formal filing, allowing the board to adapt them as the community’s needs change. This flexibility ensures the HOA remains responsive to emerging concerns. - Architectural/Design Guidelines
Many HOAs create architectural or design guidelines that outline the process for submitting exterior modification requests and specify what types of changes are typically allowed. Reviewing these guidelines before planning any modifications can save you time and money by ensuring your plans align with the HOA’s standards, avoiding rejections and resubmissions. - Articles of Incorporation
When the HOA is established as a nonprofit corporation, it files Articles of Incorporation with the state. This document gives the HOA legal authority to collect dues, enforce rules, and maintain common areas. While it doesn’t directly impact day-to-day life, it provides the foundation for the HOA’s governance structure. - Community Policies and Resolutions
Some HOAs adopt policies or resolutions to address specific situations or clarify processes, such as how dues are collected or rules for guest parking. While less formal than the CC&Rs or bylaws, these documents promote consistent enforcement and help the board address community needs without amending primary governing documents.
Navigating HOA Governing Documents
It’s easy to feel overwhelmed by HOA documents, but each serves a distinct purpose. For new residents, taking time to review the CC&Rs, bylaws, and rules can prevent misunderstandings and clarify your responsibilities and expectations.
For HOA boards, maintaining well-organized and accessible documents ensures transparency and smooth governance. Whether you’re a resident or a board member, understanding the basics of these documents fosters a harmonious and well-managed community.
If you have any questions or need clarification on a specific issue, please contact your Community Manager.
By Marlena Weisbrot, Aperion Management Group Human Resources Director
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