HOA Document Hierarchy Guide Part II - FAQs
As an HOA board member, you must uphold and follow the association’s governing documents. Below are some frequently asked questions
FAQs about HOA Documents
Here are the answers to some questions that you may have about HOA documents.
What are governing documents?
Governing documents are, in essence, the constitution, law, and regulations that explain how a community is governed. They establish how the HOA is run and set expectations for residents and the association.
How do governing documents affect me?
Governing documents are legally binding; when you purchase a home in an HOA, you agree to abide by them. Suppose you fail to abide by your association’s rules, guidelines, and expectations. In that case, it can lead to consequences for the community. Board members are tasked with upholding them, and residents are responsible for complying with them.
How do I access My HOA documents?
If you are a homeowner, you can send a written request to your association for the specific HOA documents you want to inspect. However, there are other ways to obtain these records. You can access online copies of the documents on your homeowners' portal. You can also ask your neighbors if they already have a copy of the document you need. Meanwhile, if you are a potential homebuyer, the current homeowner typically provides you with the HOA governing documents.
How do I find CC&Rs for a property?
Suppose other ways to get HOA documents are not possible. In that case, you can also search the public records at the county recorder's office. An HOA's CC&Rs are legally binding, so they must be recorded with the county to become enforceable. The association should not enforce HOA covenants not registered with the county.
Are HOA bylaws public record?
Unlike CC&Rs, HOA bylaws do not need to be recorded at the county recorder's office. However, an HOA may choose to include them in public records should they want to.
Who pays for HOA documents?
The person requesting HOA documents also shoulders the costs. These fees will usually cover printing, workforce, and other document preparation costs. However, most governing documents will have a cap on how much the HOA can charge for HOA documents.
How long does it take to get HOA documents?
It will depend on your HOA, so check your governing documents. Typically, upon receipt of the request for HOA documents, an association will have about ten business days to produce the requested copies.
The Importance of Homeowner Association Documents
HOA documents are essential for all homeowners associations, regardless of size. They define what HOAs can and can't do, how to do them, and when. Every organization needs a set of documents governing its operations. Without these documents, an association would fall into anarchy.
Consistency is key when it comes to HOA documents. So, whether you're just beginning to draft your governing documents or considering amending them, ensure they align with the laws and provisions that precede them. This way, you will avoid conflict or, worse yet, legal trouble.
Contact Us
Consider the benefits of hiring an HOA management company for further assistance with your HOA documents. Need help finding one? Look no further! Condominium Associates is your South Florida HOA and condominium association management company.
Bonus! Run a Report!
Want an instant summary of essential rules at your HOA? Run an Eli Report