Homeowners and board members should familiarize themselves with the various HOA documents. These documents govern the association and play a crucial role in the community’s operations and management.
What are the Essential HOA Documents?
Every homeowners association is governed by a set of documents consisting of the following:
- Community plat
- CC&Rs
- Articles of Incorporation
- Bylaws
- Rules and Regulations
These documents are legally binding and enforceable in accordance with the law. They dictate the operations, rights, and responsibilities of both the association and its members. Essentially, they serve as HOA guidelines for homeowners and board members to follow.
In addition to these, associations must also comply with federal, state, and local laws. Most states have laws that specifically govern HOAs and condo associations. For associations in Virginia, Maryland, and DC, these include:
- Virginia Condominium Act
- Virginia Real Estate Cooperative Act
- Virginia Property Owners’ Association Act
- Maryland Condominium Act
- Maryland Homeowners Association Act
- District of Columbia Condominium Act
- District of Columbia Cooperative Act
Hierarchy of HOA Governing Documents
Governing documents follow a fixed hierarchical structure. This hierarchy dictates which document takes precedence in the event of a conflict between two or more documents.
The hierarchy of HOA governing documents is as follows: federal, state, and local laws; the community map or plat; the CC&Rs; the articles of incorporation; the bylaws; and the rules and regulations.
Let’s break these down below.
1. Federal, State, and Local Laws
Federal, state, and local governments create laws that override all HOA documents. These laws always come first.
There is a built-in hierarchy: federal law supersedes state law, and state law prevails over local ordinances. When an HOA rule conflicts with the law, the rule becomes invalid.
For instance, many states protect a homeowner’s right to use a clothesline. That means HOA bans on clotheslines may not stand if state law prohibits such restrictions. Board members should always check higher laws before creating community rules.
2. Community Map or Plat
The community map, often referred to as a plat, displays the HOA’s boundaries and the location of homes and lots. Also known as a subdivision plan, this document defines the layout of the development.
Developers submit this plan early in the process. Licensed experts draft it, and government officials approve it before it is recorded. It helps determine where rules apply and where violations occur. It can also resolve disputes about lot boundaries.
3. Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs rank just below the plat on the hierarchy. This document grants the association the authority to enforce its rules. It explains who is responsible for what, including both shared spaces and private property. It also covers architectural rules.
Additionally, the CC&Rs outline how dues are calculated, collected, and what happens when owners fail to pay. It includes procedures for handling rule violations and resolving disputes.
Because this document is so detailed, every homeowner should read and understand it. Buyers typically have the opportunity to review this document before proceeding with the sale. It’s a given that homeowners must follow the CC&Rs, but renters usually must do so as well.
Amending the CC&Rs generally requires a majority vote from the membership. If the amendment passes, the association must record it with the county.
4. Articles of Incorporation
The articles of incorporation rank lower than the CC&Rs in the document hierarchy. Due to the contents of this document, it is rarely used in daily operations.
This brief document establishes the HOA as a nonprofit organization. The developer typically files this document with the state upon creating the association.
It grants the HOA the legal authority to govern the community under the terms of the CC&Rs and bylaws. Even if the board doesn’t use this document often, it still plays a key role in the foundation of the association.
5. Homeowners Association Bylaws
The HOA bylaws guide how the board functions and outline the structure of leadership. They list the number of board members, their roles, the frequency of meetings, and the process for electing board members.
While bylaws rank below the CC&Rs, they are still crucial to board operations. Board members rely on them to navigate processes like officer removal or meeting schedules. Homeowners can also reference bylaws when dealing with procedural concerns.
Similar to the CC&Rs, amendments to the bylaws usually require a majority vote from the membership. The board must also record these amendments with the county recorder’s office.
6. HOA Rules and Regulations
Homeowners association rules provide specific details beyond what the CC&Rs cover. They essentially clarify and expound on the CC&Rs.
The most common rules cover pets, noise levels, amenity use, parking, vehicles, commercial use, rentals, and holiday decorations. Of course, exact rules can vary from one association to another. As a result, homeowners should review their regulations to ensure compliance with these requirements.
When enacting new rules or amending existing ones, adherence to legal compliance is essential. Board members should ensure that the rules align with the law and all other governing documents. If a new rule contradicts the CC&Rs, for instance, the latter prevails.
Unlike the CC&Rs and bylaws, changes to the rules only generally require a board resolution. This means that the board can enact and amend the operating rules with a simple board vote. Still, the board must notify homeowners of any changes.
Where to Find Governing Documents for HOA
Homeowners must make an effort to understand their HOA documents. If they don’t have a copy of these, there are ways to obtain them.
Buyers usually get these documents upon purchase. Homeowners can also access them through public records, make a written request to the association, or find them on the community website.
Upon Purchase
Homeowners usually receive a copy of the governing documents when they first purchase the home. They are included in the disclosure documents, along with other HOA records such as financial statements and reserve summaries.
Buyers should review these HOA documents before finalizing the purchase. This allows them to review the association’s requirements. If they disagree with the provisions of the documents, they can back out.
If the seller or the seller’s agent has not provided a copy of these documents, buyers should request them.
Public Record
Some governing documents are public records. These include the community plat, the CC&Rs, the articles of incorporation, and the bylaws. Associations must typically record these documents to make them legally binding and enforceable.
Homeowners can check their county recorder’s office for copies of the CC&Rs, bylaws, and their amendments. Articles of incorporation can be found with the Secretary of State.
Written Request
Members have a right to inspect the association’s governing documents, including other homeowners association documents such as financial statements. They may submit a written request to the HOA board or management company.
In Maryland, Section 11B–112 and Section 11-116 cover this right in HOAs and COAs, respectively. In Virginia, Section 55.1-1815 and Section 55.1-1945 cover this right in HOAs and COAs, respectively.
Some associations may charge a fee to produce copies of the requested documents. It ultimately depends on state laws and the association’s policies.
HOA Website
If an association maintains a website, homeowners can usually access HOA docs by logging into the owner portal. Websites make records more accessible, as boards can simply upload essential documents for owners to view or download.
A Helping Hand
Navigating the ins and outs of HOA documents can be a challenge, especially for novice boards. An HOA management company can help board members interpret, amend, and enforce these documents as well as ensure accessibility and transparency.
Keymont Community Management offers expert management services to associations in Virginia, Maryland, and Washington, DC. Call us today at 703.752.8300 or contact us online to get started!
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