Understanding Your HOA Declaration

As you begin learning about your HOA's governing documents, one document will come up again and again:

The Declaration.

Want to know whether you can rent your home?

Build a fence?

Replace your roof?

Make an exterior change?

Figure out who is responsible for maintenance?

Understand why you have to pay assessments?

The Declaration is often one of the first places you'll need to look.

But what exactly is it?

Let’s take a closer look.

What Is the Declaration?

The Declaration is one of the primary governing documents of an HOA community.

It is recorded in the county's public records and establishes many of the rights, restrictions, obligations, and responsibilities associated with properties in the community.

It may address what homeowners can and cannot do with their property, what they are required to maintain, and what obligations they have to the Association.

It may also establish important rights and responsibilities of the Association itself.

That's what makes the Declaration much more than simply a list of neighborhood rules.

Does the Declaration Stay With the Property?

Generally, yes.

When you purchase a home that is subject to a recorded Declaration, those covenants and restrictions generally continue to apply even when ownership of the property changes.

You may hear this described as covenants “running with the land.”

That sounds more complicated than it is.

Think of it this way:

Selling the home doesn't ordinarily make the recorded restrictions disappear.

A new owner generally purchases the property subject to the Declaration that applies to it.

Why Is It Called the Declaration?

The document may have a slightly different name depending on the community.

You might see:

Declaration of Covenants

Declaration of Covenants, Conditions and Restrictions (CC&Rs)

Declaration of Restrictions

or simply:

Declaration

The terminology varies, but when someone in your HOA tells you to “check the Declaration,” this is generally the document they're talking about.

Throughout Florida HOA Spotlight™, we'll simply call it the Declaration.

What Might I Find in the Declaration?

Every community is different, but the Declaration may address things such as:

Assessments and the obligation to pay them

Property-use restrictions

Maintenance responsibilities

Architectural approval

Leasing restrictions

Easements

Association responsibilities

Homeowner rights and obligations

Enforcement authority

But don't assume every detail will appear in the Declaration itself.

For example, the Declaration might require Association approval before certain exterior changes are made, while separate Architectural Standards provide the detailed requirements for those changes.

That's why HOA governing documents often need to be read together, not in isolation.

Where Does the HOA Get Its Authority?

This is one of the most useful questions a homeowner can ask.

When the Association tells you that something is required or prohibited, ask:

“Where does the Association get the authority to require this?”

Sometimes the answer will be found in Florida law.

Sometimes it will be found in another governing document.

But very often, the trail leads back to the Declaration.

The Association cannot simply create authority for itself because a Board thinks a particular restriction would be a good idea.

Its authority must come from the governing documents and applicable Florida law.

Understanding where that authority comes from can help homeowners distinguish between an actual governing requirement and something that may simply have become customary over time.

How Does the Declaration Fit With the Other Governing Documents?

The Declaration doesn't stand alone.

The Association may also have Articles of Incorporation, Bylaws, Rules and Regulations, Architectural Standards, and other governing documents.

Each serves a different purpose.

The Articles of Incorporation establish the Association as a corporation.

The Bylaws generally address how the Association is governed and operates.

The Rules and Regulations may provide more specific requirements for everyday community living within the Association's authority.

The Architectural Standards may provide detailed requirements for exterior changes and improvements.

Understanding the role of each document makes it much easier to know where to look when a question comes up.

Don't Forget the Amendments

This is an easy mistake to make.

You find the original Declaration.

You locate the provision you're looking for.

You read it.

And you think you're finished.

Not necessarily.

Declarations can be amended.

A provision in the original document may have been changed, added to, or removed by a later recorded amendment.

So when researching a particular issue, don't stop with the original Declaration.

Check the amendments too.

Otherwise, you could be relying on language that is no longer current.

Where Can I Find My Declaration?

Because the Declaration is recorded in the county's public records, homeowners can often locate it through their county's official public-records system.

Your Association may also make its governing documents available through its website, owner portal, management office, or official-records process.

You may also have received copies when you purchased your home.

Wherever you obtain the Declaration, remember:

Make sure you also have the amendments.

The original document alone may not give you the complete picture.

Do I Really Have to Read All of It?

Not tonight.

And you certainly don't have to memorize it.

Start by becoming familiar with how your Declaration is organized.

If it has a table of contents, use it.

Find the sections dealing with topics homeowners commonly encounter, such as:

Assessments

Maintenance

Architectural changes

Leasing

Property use

Then, when a question comes up, you'll have a better idea of where to begin looking.

The goal isn't to become an expert on every provision.

It's to become comfortable enough with your documents that you know where to look for an answer.

The Bottom Line

The Declaration is one of the most important documents governing an HOA community.

It establishes many of the rights, restrictions, obligations, and responsibilities connected to owning property in the community and may also establish important authority and responsibilities of the Association.

But finding the Declaration is only the beginning.

Check for amendments.

Read related governing documents when necessary.

And when the Association tells you something is required or prohibited, don't be afraid to ask:

“Where is that written?”

Knowing where to find the answer can make HOA living much easier to understand.

You don't have to learn everything today.

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.