Member Login


GOVERNING DOCUMENTS

The declation of covenants, conditions and restrictions are recorded with the register of deeds in the initial phase of development of a planned community.  They govern what an owner may or may not, and/or must do with respect to the real estate.  In them, you will find things like a description of the property covered, language establishing an HOA, a protocol for levying annual and special assessments for common expenses and a description of the common areas and amenities.
Declarations  - The "Big Dog or the Master of the documents," establishes the association, contains the use restrictions, the maintenance requirements, and defines the common elements. If any of the other documents conflict with the Declaration, the Declaration controls. If you want to make any changes to the Declaration, an amendment to the document must be made. Any amendment must be voted on by the owners. The percentage required to pass an amendment will be specified in the Declaration. Any such amendment must be recorded with the County Recorder and distributed to the membership.

Bylaws -  Set up the corporation and how it is to be run. It contains provisions on the board of directors, who is eligible, what the duties are, how they are elected, and what their powers are. The Bylaws can be altered in the same way as the Declaration. They should not conflict with the Declaration. These are typically recorded along with the Declaration.

Rules and Regulations - Set up guidelines and rules for owners to follow and reiterates the use restrictions set forth in the Declaration in simpler terms. The Rules and Regulations are not recorded. It is much easier to change the rules and regulations as they are voted on by the Board of Directors. The other governing documents give the Board the authority to adopt reasonable rules and regulations that are in accordance with the Declaration and Bylaws. These rules must be distributed to the owners to be effective.