HOA Members and Management Personnel Must Know Applicable Laws and the Content of Their Governing Documents

Most people who own condominiums or homes that are part of a common interest development that is governed by a homeowners association know that there are laws that apply to the association, and that their association has “governing documents,” but a very small percentage of those people understand what the laws are, what the term “governing documents” includes, or the function of the various different documents that are part of their association’s governing documents. Unfortunately, this lack of understanding of applicable laws and/or an association’s governing documents frequently extends to an associations officers, directors, and management personnel. As a result of this lack of understanding, it is commonplace for there to be deficiencies in the operations of the homeowners association and a multitude of conflicts between all those involved in the operations including association members and their tenants and/or guests, the association’s officers and directors, and management personnel. These deficiencies and conflicts frequently lead to costly problems and litigation that would not have occurred or been necessary if those involved were more aware of important laws and the content of their association’s governing documents– and complied with them.

The term “governing documents” will generally be defined in a state’s statutes that apply to condominiums and other common interest developments and their homeowners associations. Typically, an association’s governing documents consist of the following items:

Tract Map

Tract maps are created when a common interest community or planned development with multiple lots is being planned. The Tract Map shows the boundaries, locations, shapes, and dimensions of the different lots, common areas, and the adjacent streets. The tract map is a public record.

Condominium Plan

State statutes require the developers of condominiums to create a “condominium plan” that includes a description or survey map of the project that details the improvements and provides dimensions in sufficient detail to identify the common areas and the separate interests. The condominium plan is recorded in the county where the association is situated and attaches to the interest of every owner of property within the common interest community that the plan applies to.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

An association’s CC&Rs set forth the rights and obligations of the association and the association members. The provisions in an association’s CC&Rs cover such topics as: rights and obligations of association members; management and maintenance responsibilities of the association and the members; restrictions on use of common areas and separate interests; assessments, lien and collection rights; dispute resolution and many other topics. The CC&Rs are documents that get recorded in the county where the association is situated and they attach to the interest of every owner of property within the common interest community that the CC&Rs apply to.

Articles of Incorporation