HOA documents, like DCCRs or CC&Rs, play a crucial role in keeping a community running smoothly by providing residents clear rules and regulations to follow.
These documents are commonly known as the association’s governing documents, though specific states may refer to them as dedicatory instruments, project documents, community documents, or something similar. Briefly, these governing documents include:
- Recorded plats and easements (i.e., the plat instruments) and the declaration of covenants, conditions, and restrictions (i.e., the CC&Rs) that create the planned community.
- Articles of incorporation that create the association.
- The bylaws that govern how the association is run.
- And any written rules, regulations, policies, procedures, or guidelines adopted by the board to help carry out the powers, duties, and provisions set forth in the governing documents.
When concerned with the order of importance of your governing documents, remember that federal, state, and local laws trump everything else and should be consulted in the event that a disagreement arises within governing documents.
After laws come the governing documents of the HOA. While each community’s documents may differ on the type of rules and allowances, the order in which they should be followed remains the same. In descending order of importance, your HOA documents should be consulted as follows:
- The CC&Rs and plat instruments take precedence over all other governing documents.
- The articles of incorporation take precedence over the bylaws, as well as any rules, regulations, policies, procedures, and similar board-made documents.
- The bylaws take precedence over any board-made rules, regulations, policies, procedures, and similar documents.
- Formally adopted written rules, regulations, policies, and procedures have higher authority than informal customs and practices that the HOA has traditionally followed.
- Customs (unwritten, but commonly followed rules) make up last place in order of importance and should be referred to last.
To summarize, the governing documents prioritize plat instruments, followed by the declaration of covenants, conditions, and restrictions, articles of incorporation, bylaws, and the rules of the association.
Here is a visual reminder of the basic order of priority from laws to customs:
Federal laws → State laws → Local laws → Project documents (recorded plats & easements → Declaration/CC&Rs → Articles of incorporation → Bylaws → Rules and Regulations → Customs.
Possessing a strong understanding the hierarchy of HOA documents and their significance is key in maintaining a well-functioning community. If you are unsure of your state and local laws, take some time to do the research as well as revisit your association’s governing documents.
Keeping your mind fresh on this topic, especially as a board member, will help you make informed decisions that are in the best interest of your community.