Explanation of Governing Documents
Four types of legal “governing documents” are associated with condominiums and planned developments: the Declaration of Covenants, Conditions, and Restrictions (or “CC&Rs”), the Bylaws, the Articles of Incorporation, and the Rules.
The Declaration of Covenants supersedes any other documents, as you can see from the diagram. Should there be any conflict between the association documents, the Declaration would be the ultimate source.
A Condominium Association is an organization established to manage a private, planned community. Like other corporations, the Condominium is governed by a Board of Directors elected by the members and a set of rules called Bylaws.
Per the Declaration of Covenants, the Board of Directors has the authority to develop and enact policies for the community. Owners would be invited to a community meeting to comment on any new policies proposed. Ultimately, the Board of Directors provides approval.
Declaration of Covenants
The Declaration of Covenants, Conditions and Restrictions, or “CC&Rs”, is the primary and most important governing document for a condominium and is required for all condominiums. It is recorded in the county records so that it automatically binds each person who becomes an owner of a lot or condominium (meaning that it does not need to be signed by a new owner).
View DeclarationBylaws
Bylaws govern how the condominium operates and contain the information needed to run the community as a business. For example, the Bylaws cover matters such as the duties of the various officers of the Board of Directors, the consistency of the board, the rules for meetings, both annual and board, assessment information, and insurance information.
View BylawsPolicies and Procedures
The Rules of a Condominium Association generally outline regulations governing the day-to-day life of the residence. Rules include fine or penalty provisions for violations of the governing documents.
View Parking PolicyFines
Fines or penalties allow the Board to enforce the governing documents without obstacles. In short, it is a way for board members to deal with residents who disobey rules without immediately resorting to legal action. While warning letters sometimes get the job done, people are warier about following rules when there are monetary penalties.
View Fine Policy
