When managing a homeowners association (HOA), it’s essential to understand the hierarchy of the governing documents that guide operations, decisions, and enforcement. Think of it as a pyramid—each level builds on the one above, with increasing specificity as you move downward.
Here’s a breakdown of the key layers:
🔺 Federal & State Law (Top of the Pyramid)
At the highest level, federal and state laws take precedence over all HOA documents. Any changes made within the association—whether to the covenants or bylaws—must comply with these laws. Legal counsel is essential for ensuring compliance. For example, while some changes like rule amendments may only require Board approval, others (such as covenant changes) often require a vote by the membership.
📐 Recorded Plat
The plat is an official, recorded map that outlines the property’s boundaries, lots, and features before development. It serves as a legal reference for what was approved by the locality and is foundational to the community’s physical layout.
📜 Declaration of Covenants, Conditions & Restrictions (CC&Rs)
Often considered the cornerstone document of an HOA, CC&Rs outline how the property can be used. They preserve the developer’s vision for the community, ensure consistency, and help maintain property values.
🏛 Articles of Incorporation
This document formally establishes the HOA as a legal entity. It includes the association’s official name, address, initial Board of Directors, and the legal framework under which it was created.
📘 Bylaws
Bylaws govern how the association operates on a day-to-day basis. They focus heavily on Board structure, meetings, voting, and responsibilities. While the CC&Rs affect owners directly, bylaws primarily guide internal procedures and Board conduct.
📄 Board Resolutions & Community Rules (Base of the Pyramid)
These are the most specific guidelines, adopted by the Board to implement and clarify broader governing documents. They may address parking policies, pool rules, enforcement procedures, and more. Unlike CC&R changes, these usually don’t require owner approval and can be adopted by Board vote.
Why It Matters:
Each level of the governing documents pyramid plays a role in ensuring your community runs smoothly and lawfully. Understanding this structure helps owners, Board members, and managers navigate responsibilities and expectations more effectively.
