HOA References
The homeowners association's governing documents contain the rules, regulations, and all other contractual terms that bind the homeowners within the association's area of responsibility.
An association’s “Declaration of Covenants, Conditions and Restrictions” (“declaration” or “CC&Rs”) is a recorded document setting forth the majority of the powers, rights, and responsibilities of the association and its members. CC&Rs generally contain provisions addressing:
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Assessment obligations of members;
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Association and member maintenance responsibilities;
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Architectural control powers;
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Association enforcement authority;
The provisions of an association’s bylaws contain the policies, powers, and procedures relating to the corporate governance of the association. The bylaws set forth how the association will function as a corporation, including such information as the number, qualifications, and terms of directors, as well as election and quorum requirements.
Amendments to Bylaws
Architectural standards (aka “architectural guidelines, “design standards,” etc.) set forth an association’s policies and procedures regulating a homeowner’s ability to make architectural improvements and modifications to the homeowner’s separate interest, as well as to common area and exclusive use common area.
Architectural standards are operating rules which may impose additional architectural restrictions beyond those contained in an association’s CC&Rs, provided that there is empowering language in the CC&Rs to that effect.