top of page
  • Writer's pictureKris Grooms — Director

HOA | Governing Documents

When it comes to governing community life within residential associations, a variety of documents play crucial roles. These documents can vary depending on the type of association, whether it's a condominium, townhome, or another type of residential community. Key documents include state laws, the Declaration of Covenants or Master Deed, Conditions and Restrictions, Bylaws, Rules and Regulations, and Plats of Survey and Easement Agreements. The latter may be separate documents but are often included within the declaration. Each of these elements serves a specific purpose in ensuring the smooth operation and harmonious living within the community.

  • ​​ Basic Condominium/Townhome Legal Documents ​​ Legal Docs for Homeowner Associations and the Hierarchy of such Documents   Applicable Civil Rights Laws   From <>  

  • State Enabling Statute-permits the creation of condominium/townhome form of ownership and prescribes the basis of determining ownership interest, rights and obligations of the owners, duties and powers of the association, and the process of dissolution of the condominium

  • Subdivision of Condomimium/Townhome Plat-describes the location and nature of the common elements and the units

  • Condominium Declaration or Master Deed-defines the units, common and limited common elements, and is the collection of covenants imposed on the property to provide for:

  • The basis for allocation of percentage ownership interest

  • The obligation of each owner to share in funding the cost of association operations

  • The power, authority, and responsibility of the association in its operations and in making and enforcing rules

  • Individual Unit Deeds-comprises the individual unit deed

  • Articles of Incorporation-creates the association as a corporation under state corporate statute and defines its membership and sets forth the process for creating the board of directors, voting procedures, etc.

  • Bylaws-implements, in specific detail, the provisions of the Declaration and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process

  • Rules and Regulations-sets forth the operational powers or provisions and the use restrictions adopted by the association

11 views0 comments

Recent Posts

See All


bottom of page