The Bylaws cover a broad spectrum of corporate governance and procedure, including the following: The Bylaws set forth the operational guidelines for the community association as a corporate entity. Allocations of maintenance obligations between association and owner.Assessment information (whether owner approval of a special assessment is required, whether there is a cap on year-to-year increases in annual assessments, what methods an association can use to collect of unpaid assessments, whether association approval is required for making alterations to a home, etc.).Use restrictions (leasing restrictions, business use restrictions, smoking restrictions, etc.).The Declaration is where the following provisions can be found: Given the Declaration’s control over the real estate and its owners, it is the primary document establishing the Association government powers and rights. The Declaration controls the real estate in the community association (and therefore the owners of that real estate). Moreover, if members of the Board of Directors of an association use the wrong terms, it undermines the Board’s credibility.įurthermore, if members of the Board of Directors have a clearer understanding of what each document is called and each document’s purpose, it can help the association operate more effectively, and reduce the time spent reviewing all of the governing documents to find a specific provision.ĭeclaration (of Covenants …, for Condominium/Apartment No. Quite simply, using the wrong name creates confusion. It is important to use a document’s proper name. What’s in a name? And why does it matter?Īll too often, I hear people incorrectly refer to the Declaration as “the Bylaws.” Others refer to all three governing documents as a single document called “the Bylaws.” With all due respect to Jordan Peele, “Nope.” The governing documents relate to the community association in its dual role as a non-profit corporation and a community association (with restrictive covenants, conditions and easements controlling the real estate upon which the homes are located). The three main governing documents are the Declaration, the association’s Articles of Incorporation and its Bylaws. Community associations are controlled by a set of governing documents.

Amending hoa covenants