Archives: FAQs

How can the HOA Bylaws and Articles be changed or amended?

As with the CC&Rs, amending the Bylaws or Articles generally requires an owner vote, and the number of votes required for amendment is specified in the document being amended. Bylaws typically only require an affirmative majority of the total voting rights for amendment.

How do the HOA Rules relate to the other governing documents?

The CC&Rs usually empower the homeowners’ association to adopt Rules, and give the Rules the same binding power as the other governing documents. The Rules often provide usage restrictions relating to alterations, signage, waste disposal, parking, pets, and recreational facilities. Where the same topics are discussed in the CC&Rs, the Rules may add to or …

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What is in an HOA’s Articles of Incorporation and the Bylaws?

The Articles of Incorporation or “Articles” are usually short and often contain only the name of the homeowners’ association, the name of the association’s initial agent for the service of process (the person authorized to receive legal notices), and a statement that the association is a nonprofit mutual benefit corporation. Sometimes the Articles also include …

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What is in the Declaration of Covenants, Conditions and Restrictions (sometimes called the Declaration or the CC&Rs)?

CC&Rs describe the rights and obligations of the homeowners’ association and of each owner. CC&Rs are recorded with the county recorder of the county where the property is located, and automatically bind anyone who becomes an owner of the property after the CC&Rs are recorded. CC&Rs vary widely in content and length, but usually cover …

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What are an HOA’s governing documents?

The term “governing documents” is used as a general reference to the entire group of legally recognized paperwork that creates and controls a condominium project or planned unit development. The governing documents typically include a subdivision map and/or condominium plat, a Declaration of Covenants, Conditions and Restrictions (or “CC&Rs”), Articles of Incorporation (if the project …

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What is the difference between a condominium project and a planned unit development?

The determination of whether a property is developed as a condominium project or a planned unit development is usually based on the physical characteristics of the buildings. Projects with only vertically-stacked units are always condominiums. Projects with only detached homes are almost always planned unit developments. Projects involving horizontally attached homes, or a combination of …

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