UNDERSTANDING YOUR governing documents?

If you've ever tried to answer a question about your HOA by looking through its documents, you may have discovered something rather quickly:

There isn't just one.

There's the Declaration, Articles of Incorporation, Bylaws, Rules and Regulations, amendments, and perhaps Architectural Standards or other Association documents.

And somewhere among all those pages is supposedly the answer to your question.

The challenge is knowing where to look.

HOA governing documents weren't all created to do the same thing. 

Different documents address different parts of the community and the Association that operates it. 

One may establish restrictions affecting the property, another may explain how the Association is governed, while another may address the rules homeowners encounter in everyday community living.

Understanding governing documents isn't about memorizing them.

It's about understanding what each document does, how the documents work together, and which one may contain the answer you're looking for.

Let's take a closer look.

Why Are There So Many Documents?

Think about everything involved in an HOA community.

There is the property itself and the restrictions that apply to it. There is a corporation that operates the Association. There is a Board of Directors and a process for electing directors and conducting Association business. There are assessments to collect, common property to maintain, meetings to conduct, records to keep, and rules for community living.

Trying to put every one of those subjects into a single document would be difficult.

Instead, different governing documents perform different jobs.

The Declaration is generally the document most closely connected to the property itself. It establishes many of the rights, restrictions, and responsibilities that come with owning property in the community. These are often referred to as covenants.

In plain English, covenants help establish what owners can do, what they cannot do, and what they are responsible for.

The Articles of Incorporation establish the Association as a Florida corporation not for profit and provide its basic corporate framework.

The Bylaws generally address how the Association is governed and operates, things such as meetings, directors, officers, elections, and other corporate procedures.

The Rules and Regulations generally address more detailed requirements for everyday community living within the authority provided by the governing documents and applicable law.

And Architectural Standards or Guidelines, where applicable, may provide more detailed requirements for exterior changes, improvements, materials, colors, designs, and other architectural matters.

There may also be amendments that change, add to, or remove provisions in an existing document.

You may also encounter resolutions adopted by the Association.

In plain English, a resolution is a formal way for the Association to put certain decisions, policies, or procedures in writing. 

A resolution does not automatically have the same authority as the Declaration or allow the Association to create restrictions beyond the authority provided by its governing documents and applicable law.

Already, that pile of documents begins to make a little more sense.

The Documents Work Together

One of the most important things to understand is that an HOA question may not always be answered by reading a single document.

Suppose you want to replace your windows.

The Declaration might tell you that exterior modifications require architectural approval.

Architectural Standards might tell you which window styles, materials, or colors are permitted.

Rules or procedures might explain what needs to be submitted with your application.

And an amendment may have changed something that appeared in the original Declaration.

One question can lead you through several documents because those documents work together.

That's why pulling out one page or one provision without understanding the documents around it can sometimes lead to the wrong conclusion.

Don't Forget the Amendments

This deserves special attention.

The copy of the Declaration you received when you purchased your home may not tell the entire story.

Governing documents can be amended.

A provision written years ago may have been changed, replaced, or supplemented by a later amendment. The same can be true of the Bylaws, Articles, and other Association documents.

So finding the original document is only the first step.

You also need to know whether anything adopted later changed it.

That is one reason a complete, current set of governing documents matters.

What About Architectural Standards?

Architectural documents are a particularly good example of why homeowners need to understand how their own Association is structured.

A Declaration may require approval before certain exterior changes are made and establish who has authority to review those changes.

Separate Architectural Standards or Guidelines may then provide the details — permitted materials, colors, styles, specifications, application requirements, or other design criteria.

In some communities, architectural review is handled by a Board committee. In others, the governing documents may create a separate architectural body and give it specific authority.

So don't assume that every architectural committee or board works the same way.

The governing documents tell you where the authority comes from.

Which Document Controls?

Now we arrive at a question homeowners understandably ask:

What happens if two documents appear to say different things?

That's where things can become more complicated.

Florida law, recorded covenants, corporate documents, rules, amendments, and other Association actions do not necessarily have equal authority. The date of a provision, the authority under which it was adopted, and the particular documents involved can all matter.

That's why we have an entire Spotlight conversation devoted to which HOA document takes priority.

For now, remember one basic principle:

Don't assume the newest-looking document, the shortest document, or the document someone handed you is automatically the one that controls.

Sometimes you have to look deeper.

Where Can Homeowners Find Their Governing Documents?

A good place to start is the Association itself.

Depending on the size of the community, Florida law may require the Association to make certain records available through a website or downloadable mobile application. Other Associations may voluntarily provide their governing documents through a website or owner portal.

Governing documents are also among the Association's official records that members have rights to inspect and copy, subject to the requirements and exceptions provided by Florida law.

Because the Declaration and applicable recorded amendments are recorded in the county's official records, homeowners may also be able to locate copies there.

Wherever you obtain them, make sure you're looking at the current documents together with their applicable amendments.

You Don't Have to Read Everything at Once

This may be the most important part.

You don't need to sit down one Saturday morning with a cup of coffee and decide:

“Today I'm reading all 147 pages of my HOA documents.”

There are better ways to spend a Saturday.

Start by learning what the documents are.

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

Is the question about a property restriction? Start with the Declaration.

Is it about how directors are elected or how the Association operates? The Bylaws may be important.

Is it about parking, pets, or use of an amenity? Look at the Rules and Regulations, but remember that those rules must have authority behind them.

Planning an exterior modification? The Declaration and Architectural Standards may both matter.

Knowing where to look is far more useful than trying to memorize everything.

Your Governing Documents Learning Path

Now we can start looking at these documents one at a time.

We'll take a closer look at the Declaration, Articles of Incorporation, Bylaws, Rules and Regulations, and Architectural Standards.

Then we'll tackle two questions that often cause the most confusion:

Which HOA document answers my question?

and

Which HOA document takes priority?

By the end, those documents sitting in a folder, or somewhere on your computer with filenames you haven't opened since closing day should start looking considerably less intimidating.

The Bottom Line

Your HOA doesn't have several governing documents simply to make things complicated.

Different documents serve different purposes.

Together, they establish rights and responsibilities, provide the structure for operating the Association, and create standards for community living.

You don't need to memorize them.

You need to understand what they do, how they work together, and where to look when you need an answer.

And when one document doesn't seem to give you the complete answer?

Keep looking.  Another document or an amendment may be part of the conversation.

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.