Navigating Homeowners’ Associations (HOAs) can sometimes feel like deciphering a complex code. One of the most crucial aspects of understanding your HOA is familiarity with its governing documents.
HOAs use these documents, collectively known as HOA governing documents, to lay the foundation for how your community operates and what your rights and responsibilities are as a homeowner.
Let’s take a deep dive into the world of HOA governing documents, exploring each type of document, their importance, and how you can access them. We aim to provide clarity and empower you with the knowledge you need to be an informed and engaged member of your HOA community. We’ll cover everything from the basic HOA governing documents hierarchy to where you can find these vital resources.
What Are HOA Governing Documents?
HOA governing documents are the legal backbone of your community. They are a set of legal documents that outline the rules and regulations for your neighborhood, ensuring consistency and harmony among residents. These documents dictate everything from architectural guidelines and landscaping standards to how disputes are resolved and how the HOA board operates.
Understanding these HOA governing documents is paramount for every homeowner. They clarify expectations, protect property values, and foster a sense of community. Without them, chaos could ensue, leaving room for misunderstandings and conflict. HOA property management companies often assist communities in interpreting and implementing these important documents.
HOA Governing Documents Hierarchy
The various HOA governing documents work together in a specific hierarchy, each document building upon the previous one. Understanding this hierarchy is vital for comprehending the relationship between the different documents and how they impact your community. Let’s explore the HOA governing documents hierarchy, starting with the most fundamental level.
Laws of the Land
At the very top of the HOA governing documents hierarchy are the federal, state, and local laws. These laws supersede any rules outlined in your HOA documents. For example, even if your HOA documents prohibit certain types of flags, federal law might protect your right to display the American flag. It’s crucial to remember that your HOA cannot create rules that violate existing laws.
CC&Rs
The Covenants, Conditions, and Restrictions (CC&Rs) are a legally binding document recorded with the county. They outline the basic rules and regulations for your community, including restrictions on property use, architectural guidelines, and maintenance responsibilities. Think of the CC&Rs as the “constitution” of your HOA. They are a critical part of the HOA governing documents and are designed to protect property values and maintain the aesthetic appeal of the community.
Articles of Incorporation
The Articles of Incorporation officially establish the HOA as a legal entity. This document outlines the HOA’s purpose, structure, and basic operating procedures. It’s a foundational document that sets the stage for how the HOA will function.
Rules & Regulations
The Rules & Regulations are more specific and detailed than the CC&Rs. They are created and enforced by the HOA board and can be more easily amended than the CC&Rs. These rules cover day-to-day matters such as parking regulations, pet policies, and pool hours. They provide practical guidance for residents and help maintain order within the community. These are frequently referenced among the HOA governing documents.
How Can I Find My HOA Governing Documents?
Accessing your HOA governing documents is essential for every homeowner. You should have received copies of these documents when you purchased your property. However, if you can’t locate them, there are several ways to obtain them:
- Contact your HOA property management company: Your HOA property management company should have copies of all governing documents and can provide them to you.
- Check your county records: The CC&Rs are typically recorded with the county recorder’s office, making them publicly accessible.
- Ask your HOA board: Your HOA board members should have access to all governing documents and be able to provide you with copies.
- Visit your HOA website: Many HOAs have online portals where they post important documents, including governing documents.
Understand Your HOA Governing Docs With Goodwin
Understanding your HOA governing documents is not just a good idea; it’s essential for responsible homeownership. These documents are the foundation of your community, defining your rights and responsibilities and shaping the overall living experience. By taking the time to familiarize yourself with these documents, you can become a more informed and engaged member of your HOA and contribute to building a thriving community.
At Goodwin, we understand the importance of clear and accessible HOA governing documents. We believe informed homeowners are better equipped to participate in their community and contribute to its success. Our expertise in HOA property management allows us to assist communities in developing, interpreting, and implementing their governing documents effectively.
At Goodwin and Company, we’re dedicated to providing resources and support to HOA board members and homeowners and helping them navigate the complexities of HOA governance. We serve communities in Texas and Colorado and are experts in the HOA governing documents specific to these regions.
We encourage you to take the first step towards understanding your HOA governing documents today. Contact your HOA property management company, review the documents online, or attend an HOA meeting to learn more. Knowledge is power, and in the world of HOAs, understanding your governing documents empowers you to be an active and informed homeowner.
