With so many rules, bylaws, and documents floating around in an HOA, it can be easy for Board members and homeowners to get confused. It’s important to ensure your homeowners understand all the rules and regulations and which documents take precedence over others.
Let’s break down all of the HOA documents and which ones are at the top of the hierarchy.
Federal and State Laws & Statutes
Above any HOA document, laws always come first. Because they are at the top of the hierarchy, you’ll want to make sure all laws are understood among HOA members and homeowners and that your HOA complies with them.
- Federal Laws
- State Laws
- Local Laws
- Ordinances and Statutes
HOA Plat Map
After laws and statutes is the HOA plat map, which is essentially a blueprint for your community. It’s a map recorded with the county that shows property lines, easements, dimensions, and common areas, to help outline exact property locations.
Covenants, Conditions, and Restrictions
Next is the Declaration of CC&Rs, which establishes the rules of the HOA and lets homeowners know what they can and cannot do. While the CC&Rs can be changed via membership vote, they are binding and enforceable by the HOA. When CC&Rs are violated, most HOAs issue a warning for the first offense, followed by a fine or suspension of privileges for future offenses.
HOA Bylaws
Similar to CC&Rs, bylaws are rules, but they are a bit more specific and cover topics about how the HOA is run (meetings, voting rights, etc). These are also able to be changed by a vote from the homeowners.
Articles of Incorporation
The Articles of Incorporation mainly cover items pertaining to the HOA’s legal formation. It includes things like the legal HOA name, address, purpose, and corporate status.
Rules and Regulations
The HOA Board usually creates this set of Rules and Regulations and covers the day-to-day operations of the HOA. It includes things like pool hours, guidelines for common areas, clubhouse use, and more.
If your HOA Board needs help understanding the importance and hierarchy of HOA documents, contact Prism Realty Management. Give us a call at 512-676-5842 — we’d be happy to talk to you about who we are, the services we offer, and our process.
