Understand The Order Of Importance Regarding Your HOA Documents

The documents of an HOA are a bit of a mystery to many people.  However, when you carefully analyze the neighborhood website, you can learn all about the different types of documents that are part of your HOA package.  It is crucial for you to understand the order of importance regarding HOA documents and what should happen when items are missing that are required for you to live in a designated area.

 

Often, a Declaration of Restrictions includes a stipulation that if any CC&R’s do not align with its vision, then those HOA documents are to be null and void.  If a lawsuit was to ensue, this is how it would be decided by a judge.  Also, when you look at a neighborhood website, you may notice that the Declarations of Restrictions typically contain a force of law clause; which means that if an HOA decides to modify or update their documents then those changes will be null and void if they do not align with the Declaration.

 

Most HOA residents are familiar with this document.  Within these documents are all the restrictions that are placed on the land including pets, fireworks, rules on what colors you may paint your house, as well as other rules regarding your personal property.  The most common way to find out who owns a home in the HOA community is to look at the Declaration document.

 

The bylaws contain all kinds of provisions for how business is conducted within your association such as notice requirements for meetings.  They also outline the rights and responsibilities of each member.  The bylaws might include provisions for how meetings are held and which meetings are required to be called, as well.

 

The importance of HOA documents stems from the fact that they are like insurance policies for your community.  These documents are designed to protect your investment in a neighborhood so they should be maintained by homeowners to ensure each property gets what it needs.  This means that when decisions must be made regarding the community, they are done in accordance with the architectural plans that were developed by the HOA.