Coming Home Magazine

G O V E R N I N G D O C U M E N T S : D E C O D E D A full breakdown of what governing documents are and where to find them. Recorded Map, Plat, or Plan The Map, Plat, or Plan is a diagram that describes where the association and its structures and features, like units, lots, and common areas, are located. Within it, you'll discover any easements, rights-of-way, flood zones, open spaces, roadways, and property boundaries, too. Remember all those documents you received when you closed on your home with an HOA? Tucked in there were your HOA's governing documents—and you probably signed a legal form acknowledging that you read and agreed to abide by them. Essentially the constitution, law, and regulations that explain how a community is governed, these documents cover the ins and outs of your HOA, including homeowner rules, board member restrictions, and much more. Let's take a look at what's in your governing documents and where you can find them. Covenants, Conditions, & Restrictions Covenants, Conditions, and Restrictions, also known as CC&Rs and sometimes called the declaration or master deed, are typically the most thorough and comprehensive documents. Legally binding and filed with the state, they include the obligations of the entire association. This is where you'll get the low-down on responsibilities like: • Fees, dues, special assessments, and late payments • Maintenance, what homeowners pay for, and what the association covers • Architectural standards, including limitations on remodeling and development • Property-use restrictions and legal definitions of common areas and amenities In the CC&Rs, you'll also find the rights of homeowners and those of board members. Rights will differ among communities and between board members and homeowners, but the goal is generally to preserve the peace and harmony of the HOA. Articles of Incorporation Most HOAs are non-profit organizations, and that means they must file Articles of Incorporation within their jurisdiction or with their local secretary of state to operate. Brief and simple, the Articles of Incorporation is a basic form provided to the government that entails the community's name, location, purpose, and founders. Bylaws While the CC&Rs detail the legal obligations of the association, Bylaws outline the logistics of how the HOA should function. In short, they're the technical rule book for the administration and day-to-day management of the association. They can highlight a variety of elements, like: • Board nomination and election processes • Meeting frequency • Board term lengths • Quorum and voting requirements • Budgeting procedures Rules & Regulations Rules and Regulations work the same way they do anywhere else: spelling out what is and isn't allowed. More flexible than the CC&Rs, their primary purpose is to protect your investment and provide a common framework for neighbors, and not following them can carry consequences, like warnings or fines. Inside them, you'll come across: • Parking guidelines • Gym hours • Occupancy limits • Guest restrictions • Pet size and quantity limits • Noise complaint policies • Trash and recycling rules Often, your community's Rules and Regulations aren't set in stone. If rules are unclear or no longer serve or apply to the association, the board and homeowners may have the authority to amend them or adopt new rules. Four Places to Find Your Governing Documents You should receive your governing documents at closing, but if you've misplaced them or need a refresh, these are good places to start. • Your community's website or app. Many associations opt to make their governing documents available electronically. • Local public record. Most governing documents must be filed with one or more governmental entities, making them public records that can be accessed through local government offices. • Your management company. They can usually provide a set of documents or offer directions for getting them. • Your board members. Just reach out and inquire about obtaining governing documents. Make sure you know how to access and read your governing documents. They'll help you be a better homeowner and community member, elevating the HOA living experience for everyone who calls your association home. 33

• Cover