The Articles of Incorporation

  As you continue learning about your HOA's governing documents, you'll notice that each document serves a different purpose.

This time, we're looking at the Articles of Incorporation.

You may be wondering:

• What are the Articles of Incorporation? 
• Why does my HOA have them? 
• Do they contain the community's rules? 

They're great questions.

Unlike the Declaration, which establishes many of the rights, responsibilities, and property restrictions that apply throughout the community, the Articles of Incorporation serve a different role.

Rather than establishing rules for homeowners, they legally create the homeowners' association itself.

Let's take a closer look.

Imagine building a new company. Before it can hire employees, open a bank account, sign contracts, or conduct business, it must first be legally created.
 

An HOA works much the same way. The Articles of Incorporation are the document that legally creates the homeowners' association as a Florida corporation.
 

Without the Articles, there would be no legal association to own common property, collect assessments, enter contracts, or conduct the business necessary to operate the community.
 

 The Articles don't establish the rules homeowners live by. Instead, they legally create the homeowners' association and establish that it exists as a Florida corporation. 

Although every association is different, the Articles of Incorporation generally contain basic information about the association itself, including:

· The association's legal name.

· Whether it is organized as a Florida not-for-profit corporation.

· Its corporate purpose.

· The registered office and registered agent.

· Other basic corporate information required under Florida law.

Unlike the Declaration or Bylaws, the Articles usually do not contain the day-to-day rules homeowners live by.

Because both documents are created when a community is established, they're sometimes confused.
 

The Declaration defines the community.

The Articles create the corporation that operates the community.
 

One focuses primarily on the property and the rights and responsibilities attached to ownership. The other establishes the legal entity responsible for administering the community.

For most homeowners, the Articles of Incorporation aren't a document they'll refer to often. However, they can be helpful when you want to understand:

· How the association was legally established.

· The association's official corporate identity.

· Basic corporate information about the HOA.

For most day-to-day homeowner questions, you'll probably spend more time referring to the Declaration, Bylaws, or Rules and Regulations.

The Articles of Incorporation don't establish the rules for living in the community. Instead, they legally create the homeowners' association as a Florida corporation, giving it the legal identity needed to own property, conduct business, and carry out its responsibilities.

Although most homeowners won't refer to the Articles very often, understanding their purpose helps you see how they fit into the larger framework of your HOA's governing documents.

You don't have to learn everything today

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Knowledge builds confident homeowners.

Engaged homeowners build stronger communities.

Let's keep the conversation going.

 Florida HOA Spotlight — Helping Homeowners Understand Their Communities... One Conversation at a Time.