What Are Governing Documents?

Governing documents are the set of rules that homeowners and HOAs must abide by. This set of documents is usually made up of: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and Rules and Regulations. These documents can be confusing and full of legal jargon so here is what you need to know:   Articles of Incorporation: These short documents declare the HOA as a nonprofit mutual-benefit association and identify key players in the HOA such as the initial agent who is authorized to receive legal notice on behalf of the HOA. The Articles of Incorporation establishes the HOA as a legal entity giving it certain rights as well as certain law that they need to follow. The document may be more extensive for some HOAs if they decide to include information on voting and amendments.   Bylaws: HOA Bylaws are the rules that govern the organization of the Association. They list the procedures for filling positions and what the positions entail. This ensures that there is continuity in the way the HOA is governed as people come and go. These also dictate how meetings, voting, and communications with residents are carried out. They have little to do with the residents besides providing…Read more