Association docs & forms

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These describe the rights and obligations of each owner and those of  the association itself, and may vary significantly in both what they say  and how long they are. CC&Rs typically outline the boundaries of each unit or lot and those  of the development's common area. They will describe the maintenance  responsibilities of each owner and those assumed by the HOA, the  operating costs to the owners and how they will be collected and the  rights and protections granted to mortgage holders.

Additionally, they usually lay out the HOA's powers of enforcement,  procedures to resolve disputes and the restrictions on owner usage,  which might include regulations governing pets, how an owner alters the  property and the uses of the common area.

Sometimes included in the Covenants, Conditions and Restrictions is  the Community Plan. Used interchangeably with a few other terms, such as  "subdivision map," this refers to a visual drawing or illustration of  the way a property is divided into units and lots.

Prepared by licensed professionals, reviewed by government agencies  and then filed with county authorities, these documents mark the  official boundaries of a planned development. Typically filed when a  development is first formed, they are connected to every deed and  mortgage on the parcel. The agreement of others linked to the Community Plan may be needed in  order to make any changes, although alterations are possible over time.  References to a community plan may also mean future standards and zoning  guidelines, which set the limits on further development and changes

HOA bylaws, not to be confused with CC&Rs, describe the  procedures and mechanics of homeowners association management and  decision-making. This includes officer and director positions and how  they are filled, the way meeting, voting and notification are undertaken  for owners' and board members' decisions and the methods of  record-keeping and reporting.

Bylaws are typically created by a legal professional and reviewed by  the government when a development is created. They are not filed with  any government agency, however, which can make them easier to change  than some of the other documents.

In addition to any regulations imposed by the state and local  government, HOAs often have procedures for passing internal rules  through the processes outlined in their CC&Rs. These rules cover  things such as restrictions on how much a unit or lot may be altered,  pets, waste disposal and the use of signage, parking and recreational  facilities.  

CC&Rs take precedence over rules in terms of legal  importance, since rules are purely internal, governing owner activities  that fall under the sphere of the HOA's concern. These would likely be  changed through procedures outlined in the bylaws, such as by a vote of  board members or the HOA member

Often called "the articles," these are typically short documents that  set the name of the HOA, assert that it is a nonprofit mutual-benefit  corporation and identify its initial agent, the individual authorized to  receive legal notices on the HOA's behalf.

This creates the association as a legal entity, and is a necessary  prelude to all the other steps when forming an incorporated HOA. Some  are not incorporated but still draw up the articles, which is not  technically necessary.

The Articles of Incorporation are sometimes made longer and more  extensive through the inclusion of information about topics such as  voting, directors and amendments, although these may also be left for  later documents to fill in.