A homeowners association must follow its HOA documents, which govern the operations and rules of a community. Understanding these documents, what they contain, and where they fall in the hierarchy is essential to successful management.
What are HOA Documents?
Homeowners association documents, also known as governing documents or HOA docs, are a set of documents that govern the operations, rules, and rights of an HOA community. These documents establish the HOA’s creation and powers and set forth the rights and obligations of both the HOA and the homeowners.
Hierarchy of HOA Governing Documents
Each governing document plays a vital role in a homeowners association. As with many things, these documents follow a hierarchy, wherein one document takes precedence over another.
Here is the hierarchy of HOA documents.
1. Federal, State, and Local Laws
Federal, state, and local laws are at the top of the hierarchy. These laws supersede all other governing documents of an HOA.
Federal laws, such as the Fair Housing Act, dictate non-discrimination policies that every HOA must follow. State laws provide the framework within which HOAs must operate, outlining the association’s and homeowners’ rights and responsibilities. In Florida, these come from the Condominiums Act and the Homeowners Associations Act.
Associations that are organized as nonprofits also follow the Nonprofit Corporation Act. Lastly, local laws usually cover zoning ordinances and building codes, which vary by area.
No HOA governing document can contradict these laws. For instance, if an HOA rule conflicts with a state law, the state law will prevail. Therefore, the HOA will be required to amend its rules accordingly.
2. Community Plat
The community plat is a detailed map or plan that includes the location of lots, common areas, easements, and other critical features. It is recorded with the local government, is legally binding, and provides the spatial blueprint of the community. It defines the boundaries of individual lots and common areas, which is essential in determining ownership and maintenance responsibilities.
The community plat serves as a foundational document, laying out the physical structure and division of the community. All other governing documents must align with the information and layout provided in the community plat.
3. Declaration of Covenants, Conditions, and Restrictions
The CC&Rs are the primary governing document of an HOA. The CC&Rs outline the rights and obligations of homeowners and the association. These include architectural guidelines, maintenance responsibilities, and rules regarding the use of properties within the community. This document is recorded with the county and is legally binding.
The HOA CCRs take precedence over all other HOA documents, except for federal, state, and local laws, and the community plat. If any conflicts arise between the CC&Rs and other HOA documents, the CC&Rs will typically govern. Homeowners must adhere to the CC&Rs, and the HOA is responsible for enforcing them.
4. Articles of Incorporation
The Articles of Incorporation are the documents that legally establish the HOA as a corporation, usually a nonprofit. Filed with the state, these articles define the HOA’s structure, including its purpose, membership, and the powers of the board of directors. The Articles of Incorporation are more focused on the HOA’s organizational and administrative aspects rather than the community’s day-to-day rules.
While the Articles of Incorporation are essential for the legal formation and operation of the HOA, they do not typically override the CC&Rs or the community plat. They supplement these documents, ensuring that the HOA operates as a legitimate corporate entity.
5. HOA Bylaws
Homeowners association bylaws are the rules that govern how the HOA is run. They include the election of board members, the conduct of meetings, voting procedures, and the board’s responsibilities. The bylaws provide the operational framework for the HOA and ensure that the association functions smoothly and effectively.
While the bylaws are crucial for the HOA’s internal governance, they must align with the CC&Rs, Articles of Incorporation, and all higher-level laws. If there is a conflict between the bylaws and any of these documents, the bylaws will need to be amended to comply.
6. HOA Rules and Regulations
At the base of the hierarchy are the homeowners association rules. These are also known as operating rules.
The HOA rules are specific guidelines that govern the day-to-day living in the community. These include parking rules, pet policies, and use of common areas. The rules and regulations are typically more flexible and expound on the CC&Rs. The board can usually update or amend the rules without requiring a vote from the entire community.
Though important for maintaining order and harmony within the community, the rules and regulations must always conform to the CC&Rs, bylaws, and all other higher-ranking documents.
How to Get HOA Documents
Homeowners should understand the contents of their governing documents. Before that can happen, though, they must secure a copy of them first.
Here is how to find HOA documents.
Public Records
Most of the time, an HOA’s governing documents are a matter of public record. An HOA files these documents with the state or the county recorder’s office. Homeowners can proceed to these agencies to secure a copy of the documents.
New Homeowner or Buyer Packet
Typically, an HOA provides every new homeowner or potential buyer with a copy of the governing documents. Potential buyers receive these documents to decide if the community is in good standing and a good fit for them, and new homeowners receive these documents to familiarize themselves with the community’s guidelines.
Community Website
Homeowners can usually find the governing documents if an HOA has a website. Publishing and storing the HOA’s CC&Rs, bylaws, and operating rules on the website allows for easy access to these documents anytime. Digital documents also eliminate the need to provide owners with printed copies, thereby saving printing costs.
HOA Records Request
If the above methods don’t work, homeowners can request a copy of the documents from their HOA board or community manager. Florida law covers homeowners’ rights to inspect and copy HOA records, including the association’s governing documents (Sections 720.303 and 718.111).
Can an HOA Charge for HOA Documents?
Whether or not an HOA can charge a fee to produce a copy of the HOA documents depends on state laws and the governing documents themselves. In Florida, Section 720.303 allows HOAs to charge fees to cover the costs of providing copies, though it places a dollar limit. Section 718.111 also allows for charges that cover actual costs.
The Bottom Line
Every homeowners association has a set of HOA documents to follow. Homeowners and board members should familiarize themselves with the contents of these documents to understand their rights, obligations, and responsibilities.
Freedom Community Management provides HOA management services in Florida. Call us at 904-490-8191 or contact us online to learn more!
