Every homeowners association relies on the legal and operational foundation set by the HOA documents. These documents guide how the board must govern the community, make decisions, and enforce the rules. For board members, understanding the hierarchy of these documents is essential to avoid conflicts and ensure proper governance.
What are HOA Documents?
The HOA governing documents are a collection of legal and administrative materials that dictate how an association must operate. These documents outline the rights and responsibilities of both the board and the homeowners.
While the basic foundation remains the same, specific provisions in the HOA documents can vary from one association to another. It ultimately depends on what the developer established and what amendments the board made to match the association’s needs.
In general, these documents cover everything from property restrictions to election procedures. They also establish how the board should manage the association’s finances, enforce the rules, and maintain the common areas.
Of course, not all documents carry the same weight. Some have more authority than others, thereby taking priority. These documents are also distinct in what they address and how they are amended.
Understanding HOA Documents Hierarchy
The hierarchy determines which document takes priority when there is a conflict. Without a clear understanding of this order, boards may enforce rules incorrectly. This can lead to disputes, legal challenges, and loss of trust within the community.
Here is the hierarchy of the governing documents.
1. Federal, State, and Local Laws
At the top of the hierarchy are laws enacted by federal, state, and local governments. These laws override all HOA documents.
Examples of federal laws that apply to HOAs include:
- Fair Housing Act
- Americans with Disabilities Act
- Fair Debt Collection Practices Act
- Freedom to Display the American Flag Act
- Over-the-Air Reception Devices Rule
- Servicemembers Civil Relief Act
Many states have their own statutes governing homeowners associations and condominiums. Some are more comprehensive than others, such as the Davis-Stirling Act of California. Meanwhile, local ordinances and codes also apply to associations.
Compliance with these laws is mandatory. Failure to do so can result in legal liability for the association and, sometimes, even the board members personally.
2. The Community Plat or Map
The plat, sometimes called the community map, shows the blueprint of the neighborhood. It depicts how the property is divided, identifying all lot boundaries, common areas, and easements.
The community plat does not govern owner behavior. That said, it defines the community’s physical structure. Other documents rely on this layout, particularly when determining maintenance responsibilities.
3. Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs are one of the most important HOA documents. Associations record this document with the county, legally binding all homeowners to its provisions.
While exact terms can change depending on the association, most CC&Rs outline the following:
- Property use restrictions
- Maintenance responsibilities
- Dues obligations
- Enforcement authority and procedures
4. Articles of Incorporation
The Articles of Incorporation establish the HOA as a legal entity. In most states, associations register as a nonprofit corporation. This document includes the association’s name, its purpose, and its basic corporate structure.
Unlike the bylaws, which are next on the hierarchy, the Articles of Incorporation don’t address daily operations. Instead, it confirms the association’s legal existence.
5. HOA Bylaws
Bylaws govern the association’s internal operations. They tend to focus on the structure of the association and the procedures that boards must follow.
Typical provisions in the bylaws include the following:
- Board member roles and duties
- Candidate qualifications
- Election procedures
- Meeting requirements
- Voting rules
6. HOA Rules and Regulations
Rules and regulations are the most flexible of all the HOA documents. These rules address day-to-day community standards, usually expounding on more general stipulations in the CC&Rs.
Common examples of HOA rules include the following:
- Parking regulations
- Pet policies
- Use of amenities
- Noise restrictions
How to Handle Conflicts Between HOA Documents
Conflicts between documents can happen. When they do, the higher-ranking document takes precedence. For example, if state laws prohibit an HOA from banning drought-resistant landscaping materials, a restriction in the CC&Rs that does so is deemed invalid.
When creating rules, board members must ensure they comply with the law and the CC&Rs. If the CC&Rs allow pets, for instance, an operating rule that prohibits them can’t be enforced. The board would need to amend the CC&Rs themselves.
Additionally, boards should review all relevant documents before making any decisions. When in doubt, it is best to consult a lawyer or management company. This can help the association in the long run by preventing costly mistakes.
How to Amend HOA Documents
The governing documents will likely need to be changed from time to time. This can be due to changing needs, evolving laws, or other reasons. To ensure valid amendments, board members must follow due process.
How to Amend HOA CCRs
To amend the CC&Rs, most states and governing documents require a membership vote. This means homeowners must approve the change for the amendment to pass. After approval, the board must record the amendment with the county.
How to Amend HOA Bylaws
To amend the bylaws, board members must check state laws and the governing documents. Some states require a membership vote, while others defer to the bylaws’ procedures. Similarly, some associations record the amendment, while others do not.
How to Amend Homeowners Association Rules
Amending rules and regulations is a much easier process than amending bylaws and CC&Rs. The latter two typically require homeowners’ approval, but the rules only require a board resolution. To pass this resolution, a majority vote from the board is necessary.
Where to Find HOA Documents
The governing documents dictate the rights and obligations of the HOA and the homeowners. To avoid violations or check accountability, owners must refer to these documents.
Here are the ways to access an association’s governing documents.
- Upon Purchase. When buyers first purchase a home in the community, they receive these documents as part of the resale package.
- County Recorder. Recorded documents, such as the CC&Rs and community plat, are filed with the county. Owners can request a copy from their county recorder’s office.
- Secretary of State. Associations file their Articles of Incorporation with the Secretary of State. Most states maintain a website with a directory of all incorporated entities.
- Written Request. In many states, owners have a right to inspect the association’s books and records, including the governing documents. They can simply submit a written request to the board or management company.
- Owner Portal. Associations that maintain a website or online portal typically publish the governing documents for ease of access.
An Important Tool
Understanding the hierarchy of HOA documents is essential for effective community management. Each document serves a specific purpose, but not all carry the same authority. When in doubt, board members should seek professional assistance.
HOA Explore makes it easy for associations to find HOA management companies. Use our online directory today!
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