Which HOA Document Actually Has the Answer?

HOA Communities usually have a lot of governing documents that sounds organized however it becomes extremely hard to answer a simple question since the answer may be scatter across multiple documents including amendments.

For example, a homeowner may want to know if he can install a fence or a board member may need to confirm voting requirements. Similarly, someone else maybe trying to understand the existing parking rule. In all these cases, the answer may exist in the documents however the challenge is to figure out where.

The Declaration or CC&Rs

The declaration is usually the most important document, it may also be called as Declaration of Covenants, Conditions and restrictions or simply the CC&Rs.

This document covers:

• Property use restrictions

• Owner and Association responsibilities

• Assessment Authorities

• Maintenance Obligations

• Leasing Restrictions

• Easements

• Enforcement Powers

For example, the questions on renting homes, installing fences, maintenance responsibility or assessments may be specified in declaration. This document is often detailed but can also be difficult to read because it uses formal legal language.

The ByLaws

ByLaws generally explain how the association operates. This document covers:

• Board Elections

• Officers Responsibilities

• Meeting Procedures

• Voting Requirements

• Quorum

• Board Terms

• Removal or Replacement of Directors

The question of a homeowner asking if the board followed proper meeting process should review the ByLaws however the question about what can be installed in backyard may not belong to this document

Rules & Resgulations

Rules & Regulations deal with everyday community operations and may include:

• Parking Rules

• Pool Hours

• Amenity Restrictions

• Pet Requirements

• Trash Container rules

• Noise Restrictions

• Guest Policies

This document is often easier to update than The Declaration hence it is important to pay attention to the document version when reviewing the rules.

Architectural Guidelines

Architectural Guidelines apply when homeowners want to change the exterior appearance of their property. This document covers:

• Fenes

• Exterior Paint Colors

• Roof Materials

• Patios

• Sheds

• Solar Panels

• Landscaping

• Mailboxes

• Driveway Changes

This document may also explain the application process and information required for getting the approval to make changes. Now, a declaration may contain association's authority to regulate exterior changes but architectural guidelines may provide the specific requirements. This is why answering one question may require reviewing more than one document.

Amendments

Amendments are extremely important since a community may have changed a leasing restriction, voting requirement, assessment provision or architectural standard years after the original documents were recorded. If only the original declaration is referred - it may lead to an outdated answer.

Board Policies and Resolutions

These are separate documents that may cover:

• Collection Procedures

• Fine Schedules

• Records Requests

• Enforcement Processes

• Communication Policies

• Payment Plans

Policy documents may contain important operational details that do not appear in The Declaration or ByLaws.

Why HOA Answers Become Confusing

This is because the answer is not always contained in one place, instead it is scattered across different documents and it takes time and effort to consolidate it. A rule may be mentioned in the declaration, explained in an amendment and supported by a separate policy.

Similarly, different documents may use different terms for the same topic. For example, one document may use the word "leasing" while another may use "rental restrictions" due to which a homeowner may be just looking for "renting my house" and miss both the documents.

This creates confusion even when the correct information is already available.

A Better Way to Research an HOA Question

A good approach is to start with the same exact question and then identify the document that is most likely to address it. While looking, search for the related terms and not just one word as well as review the amendments too. While reviewing documents, make sure latest version is being used. Also, make sure to read the surrounding section instead of relying on one sentence.

It is very important to identify the document and it's section to support your answer because a response is most useful when it's source can be verified.

How AskMyHOA Helps

AskMyHOA allows a community to upload its governing documents in one place. Now residents, board members and property managers can ask questions using normal language. AskMyHOA searches the uploaded documents and provides an answer with references to the relevant sources.

The supporting documents remain the source of truth. Hence AskMyHOA simply makes them easier to search and understand

Documents Still Require Judgement

It is a well known fact that not every HOA question has a simple ye-no answer. Sometimes they need interpretation from the board while some questions depend on specific facts. Also, state or local laws may affect how a provision can be applied.

AskMyHOA doesn't replace the board, property manager or legal counsel, instead it helps people to find relevant information before making a decision or asking for an official interpretation.

Start With the Source

Many HOA disagreements begin because people are relying on memory, assumptions or past practices. The governing documents provide a better place to start. The answer may already exist, however the first step is finding it.