The Declaration

As you begin learning about your HOA's governing documents, you'll probably notice that one document seems to be mentioned more often than the others.

The Declaration.

Whether you're buying a home, reviewing your rights and responsibilities as a homeowner, planning an exterior improvement, or trying to understand a community restriction, chances are you'll eventually find yourself looking at the Declaration.

You may be wondering:

• What exactly is the Declaration? 
• Why is it so important? 
• What does it tell me as a homeowner? 

They're great questions.

The Declaration is the governing document that establishes much of the legal framework for your homeowners' association. It defines many of the rights, responsibilities, and property restrictions that apply throughout the community.

Simply put, it helps answer an important question:

"What rights, responsibilities, and property restrictions apply to ownership within this community?"

Because of its importance, many people consider the Declaration to be the foundation upon which the rest of the governing documents are built.

Let's take a closer look.

Depending on your community, this document may have a slightly different name:
 

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

Although the title may vary, its purpose is generally the same. Throughout Florida HOA Guide, we'll simply refer to it as the Declaration.

Imagine building a home.
 

Everything begins with the foundation.
 

The foundation supports everything that comes after it.
 

Your HOA's Declaration works much the same way.
 

It establishes the basic framework for the community.
 

Many of the association's authority, along with many homeowner rights and responsibilities, begin with the Declaration.
 

The other governing documents don't replace the Declaration—they build upon it.
 

• The Articles of Incorporation create the homeowners' association as a legal corporation.
• The Bylaws explain how that corporation is governed.
• Rules and Regulations address many day-to-day community matters.
• Architectural Standards help guide exterior improvements.
 

Each document has its own purpose, but many derive their authority from, or must be consistent with, the Declaration because it establishes the community's basic framework.

Most homeowners don't read the Declaration because they're interested in legal documents.
 

They read it because they're looking for answers about maintenance responsibilities, leasing restrictions, assessments, architectural approvals, use restrictions, easements, and the rights and responsibilities of both homeowners and the Association.
 

You don't need to memorize the Declaration.
 

But knowing what's in it—and knowing when to refer to it—can help you better understand your community.

The Declaration is one of the most important governing documents in your HOA because it establishes many of the rights, responsibilities, and property restrictions that apply throughout the community.

While you don't need to memorize every page, becoming familiar with the Declaration can help you better understand your community and know where to look when questions arise.

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.