Thursday February 06, 2025
What are HOA governing documents?
Governing documents define the rules and structure of your homeowners association (HOA), from outlining maintenance responsibilities to setting procedures for board elections. They establish the framework that supports consistency in decision-making, dispute resolution, and community management. Whether you’re a homeowner or a board member, knowing how these documents work can help you better understand your rights, obligations, and the association’s overall governance.*The information provided is not intended to supersede any advice provided by your general counsel or attorney, who should always serve as your legal advisors when creating or modifying HOA governing documents.
Understanding the importance of different HOA governing documents
Not all HOA documents carry the same weight. Some have more authority than others, meaning that if there’s ever a conflict between documents, higher-level ones will take precedence. Understanding this hierarchy can help board members and homeowners navigate governance issues more effectively. Here’s how the hierarchy typically works:Federal, state, or provincial laws
All HOAs must follow applicable federal, state, or provincial laws. If HOA rules contradict these laws, the legal statutes can override them.Recorded map, plan, or plat
The recorded map, plan, or plat serves as the blueprint of an HOA community’s layout, outlining property boundaries, lot divisions, and common areas. This helps clarify which areas belong to individual homeowners, and which areas the HOA is responsible for. These documents can also help prevent disputes over property lines and access to shared spaces.Covenants, Conditions, and Restrictions (CC&Rs)
CC&Rs outline rights, responsibilities, and restrictions for both homeowners and the HOA. When you purchase a home in an HOA, you agree to abide by the CC&Rs. These rules can cover everything from property appearance to maintenance responsibilities and usage restrictions.If a homeowner violates the CC&Rs, the HOA can issue warnings, fines, or other enforcement actions. These rules also outline how disputes between homeowners and the association should be handled.
Articles of incorporation
HOA articles of incorporation officially establish the HOA as a legal entity. This document contains essential details like the association’s name, purpose, and corporate structure. Filing this document with the government gives the HOA the ability to enter contracts, own property, and enforce community rules. Without incorporation, the HOA may lack the legal standing to conduct business or enforce policies effectively.HOA bylaws
HOA bylaws define the internal operating procedures of the HOA. They determine how the board of directors is elected, how meetings are conducted, and how decisions are made. While CC&Rs focus on homeowner obligations, bylaws govern the association’s internal functions. They also specify how board vacancies are filled, voting procedures, and term limits for board members.Rules and regulations
HOA rules and regulations supplement the CC&Rs by providing more specific guidelines on a range of issues, such as pet policies, parking restrictions, and amenity usage. Unlike CC&Rs, these rules can often be modified by the board without requiring a homeowner vote. However, they must align with the higher-ranking HOA governing documents. Rules should be clearly communicated to homeowners to help prevent misunderstandings and unnecessary disputes. FirstService Residential offers ongoing board education and training programs for board members to help enforce and refine community regulations effectively.Other HOA documents
Beyond governing documents, HOAs maintain additional records to manage operations effectively and promote transparency. These include:- Board meeting minutes and agendas: Detailed summaries of discussions, decisions, and upcoming meeting topics. Keeping these records accessible helps homeowners stay informed.
- Financial reports: Budgets, assessments, and reserve fund statements. These reports help support financial stability and long-term planning for community needs.
- Insurance policies: Details on liability coverage, property damage protection, and insurance to mitigate risk for board members and the association as a whole.
FirstService Residential can help your association navigate HOA insurance and find the right coverage for your community through our affiliate, FS Insurance Brokers. Exclusively available to FirstService Residential communities, it's one of the ways we continue to add additional value and solutions for the communities we serve.
- Vendor contracts: Agreements with landscaping, security, and maintenance providers.
- Reserve studies: Evaluations of long-term financial needs to maintain the community’s infrastructure. A well-funded reserve helps prevent unexpected special assessments or fee increases.
- Legal and compliance records: Documentation related to regulatory compliance, liens, and legal actions. Keeping legal records organized helps HOAs manage disputes effectively.
Frequently asked questions about HOA governing documents
Who has access to HOA governing documents?
Homeowners typically have the right to review the HOA’s governing documents upon request. Many states and provinces require HOAs to provide these records within a specific timeframe. Some associations also make documents available online for convenience. Transparency and ease of access to documents can help foster trust between homeowners and the HOA board.Can HOA governing documents be changed?
Yes, but the process varies. Amending CC&Rs and bylaws often requires a homeowner vote, while the board can usually update rules and regulations independently. Regularly reviewing these documents helps them remain relevant and legally compliant.What happens if a homeowner violates the CC&Rs?
Penalties can range from warning letters to fines or restrictions on community privileges. Repeated violations may lead to legal action.How do HOA governing documents impact HOA fees?
These documents outline how HOA fees are set, collected, and allocated. They also explain procedures for special assessments and reserve fund contributions.Can an HOA enforce outdated rules?
Outdated HOA rules can create legal and operational challenges, so HOA board members should regularly review their governing documents to keep them relevant and in compliance with state or provincial laws. Homeowners can work with the board to propose amendments if outdated rules are causing issues.What is the process for amending HOA governing documents?
The amendment process varies by document type. Changes to CC&Rs or bylaws often require homeowner approval through a vote, while updates to rules and regulations may only require board approval. Transparency and communication are key when making changes.HOA governing documents provide structure, clarity, and stability for the community. They define homeowner rights, board responsibilities, and financial policies, supporting a well-managed and harmonious neighborhood. Regularly reviewing and updating these documents keeps them relevant and legally sound. A knowledgeable property management team can assist HOAs in refining their documents, staying compliant, and streamlining operations.
FirstService Residential helps board members mitigate risk and maintain compliance with expert guidance tailored to the specific needs of each community. Our team works alongside board members to review and refine rules and implement policies that support the long-term success of the community.
To learn more about how professional management can support your HOA, contact FirstService Residential today.