Explained: HOA Governing Documents

What’s in the Articles of Incorporation

Before any property in a condominium or planned development is sold, the developer forms a Condominium or Homeowners' Association to run it. Each purchaser of property in the development automatically becomes a member of the Association.

In Florida, the Association is typically created by filing Articles of Incorporation (“Articles”) for a nonprofit organization with the Florida Secretary of State.

The articles are usually brief and contain only the basic information about the Association, its name, location, and its purpose.

A copy of the Articles of Incorporation can be found here.

What’s in the Bylaws of the Association

Once formed, the Association typically adopts a set of bylaws. Bylaws are important: They describe how the Association is run, set out voting rights and procedures, and contain rules for such things as how to call a meeting and how often meetings must be held.

The bylaws may also describe the Association’s rights and responsibilities. For example, the Association is typically responsible to enforce the rules and regulations and to collect assessments. The bylaws may also lay out procedures for creating the annual budget and determining assessment amounts.

Associations are generally run by a board of directors (a “Board”) made up of a certain number of members (owners) elected by the membership at large (all the owners) during periodic elections. The bylaws typically set forth the length of the terms for the Board members and the procedures for elections.

It is helpful for an owner or potential buyer to review the bylaws to understand how the Association functions and to be familiar with the powers of, and the restrictions on the Association.

A copy of the Bylaws can be found here.

What’s in the Declaration of Covenants, Conditions and Restrictions (CC&Rs)

The CC&Rs contain the most comprehensive and probably the most important information about the development and its operation.

The Declaration of CC&Rs is typically a lengthy document, setting up the general structure of the development and describing what land is subject to the governing documents, as well as what parts of the development are common areas owned by the Association.

The CC&Rs also contain restrictions on the use of each owner’s property as well as of the common areas. They specify the Association’s authority and obligations and define the rights and responsibilities of Association members (owners). Every owner must abide by all the rules, restrictions, terms, and conditions found in the CC&Rs.

By reviewing the CC&Rs, an owner or potential purchaser can learn about the general restrictions on the use of the property in the development, and about the rights and responsibilities of owners.

Most CC&Rs also contain procedures for amendments. If the development is older, the CC&Rs may already have a number of amendments revising the original terms.

Most state laws require recording the CC&Rs in the real property records in the county where the development is located. A copy must ordinarily be provided to a buyer prior to making a purchase.

A copy of the Covenants, Conditions and Restrictions can be found here.

Rules and Regulations

Although general rules and regulations may be contained within the CC&Rs, the Association typically also adopts separate (usually more lengthy and specific) “rules and regulations.” The Association likely has wide discretion to adopt rules and regulations (provided they do not violate any state or federal law and do not conflict with the terms of the CC&Rs).

Rules and regulations can cover anything from prohibiting broken cars and trash in yards to regulating the height of fences. Because the purpose of the Association is to do what’s best for the common good and value of the development regardless of whether all individual owners agree, the rules and regulations are often the most controversial documents in a development, and the cause of many disputes.

Because the rules and regulations can affect how the property in the development is used, all current owners or potential buyers should also be familiar with the rules and regulations and keep up with any changes.

A copy of the rules or "Residential Planning Criteria" can be found here.

Note: This information was compiled for general information from online sources and is not intended to replace legal advice. Please consult an attorney for any legal questions.