Understanding Association Governing Documents

Understanding the Governing Documents of an HOA or Condominium

Hierarchy of Documents:

1. Declaration of Condominium (CC&R)

2. Articles of Incorporation

3. Bylaws

4. Rules & Regulations

Understanding the Hierarchy of the Governing Documents

Bylaws are overruled by 1.) CC&R's and 2.) Articles of Incorporation

Therefore, if there is a provision within the bylaws that comes into conflict with a provision in the CC&R's, the CC&R will take precedence.

Declaration of Condominium/Covenants

Q: What is the Declaration of Condominiums?

A: The highest document upon the hierarchy. Also known as the CC&R's - Covenants, Conditions, Restrictions.

Q: What is contained within these documents?

A: This document defines ownership of the elements of the community. It also defines which areas are considered common area, limited common elements, lots, & the responsibilities for maintenance of each. This is where the powers for funding the association along with its purposes and goals will be located.

Q: What are Restrictions?

A: These are the protective standards to ensure the quality of the community and value of homes. This is where architectural guidelines, leasing restrictions & parking rules can be found.

Articles of Incorporation

Q: What are the Articles of Incorporation?

A: This document legally establishes the association as a Not-For-Profit/NonProfit Corporation. This is where the general powers of an HOA/Condominium can be found along with the formation of the Board of Directors. This document is filed at State Level. Some association functions may be established within this document.

Q: How do I file at the State Level?

A: In the state of Florida whenever a change within the Board of Directors occurs it will need to be filed with the secretary of state to be made official. Click the link to look up "Colony Villas, Inc." https://search.sunbiz.org/Inquiry/CorporationSearch/ByName

Bylaws

Q: What are the Bylaws?

A: This document comes right after the Articles of Corporation and contains procedures.

The procedures provided therein include: meeting notices/requirements, number of board members/officers, frequency of elections, etc. The assignment of certain responsibilities within the association is also located within the Bylaws.

Rules and Regulations

Q: What are Rules and Regulations?

A: These are the operating rules and regulations that provide a more detailed explanation of the restrictions set forth in the CC&R's to establish necessary guidelines within a community.

Q: What is contained within the Rules and Regulations?

A: Architectural guidelines, covenant enforcement, and collection procedures can be found within these documents. All guidelines therein must comply with local, state, and federal laws and cannot conflict with a higher ranking document.

Amendments/Condominium Act

Governing documents can be amended. An amendment can be successfully adopted only after they have been proposed to the membership of the association by specific procedures. Special requirements of the Condominium Act and the governing documents must be carefully considered. The Condominium act does not permit amendments to the declaration of condominium, articles of incorporation, or by laws by simple reference. Proposed amendments must be provided in full text of the exact amendment.

Priority of the Law

1.) State & Federal Constitutions

2.) State & Federal Statutes

3.) Local Ordinances of Counties and Municipalities

The provisions of the State and Federal Constitutions have the highest priority. The rights & protections granted therein are of the highest dignity. The state and federal statutes are next in priority. These establish and define public policy and the relationship to the private rights of individuals. The administrative rules are next followed by the local ordinances of counties and municipalities.

Court decisions from the Supreme Court of Florida take precedent over those rendered by Florida's District Courts of Appeal. The decisions from the Courts have a higher priority than the administrative interpretations and decisions which are rendered by the Division of Condominiums, Timeshares, and Mobile Homes. Opinions and rulings from local municipal ordinances are next followed by written opinions from the communities legal advisor.