Don’t Overlook the “Bylaws” When Reviewing HOA Governing Documents

There are multiple documents that collectively comprise the governing documents for a homeowners association. Those documents typically consist of: (i) Articles of Incorporation (ii) Bylaws (iii) Declaration / Conditions, Covenants and Restrictions (“CC&Rs); and (iv) Rules and Policies.

The normal everyday operations of a homeowners association involves actions and activities that are covered by provisions that are contained in the association’s bylaws. The bylaws are an internal corporate document that is adopted when the association is formed and which contains provisions the specify details on how the association is to be operated. In reality, the association’s bylaws are mandatory rules that create a road map as to how the association is required to function and action that is taken by an association that is not in accordance with the provisions contained in the bylaws is subject to being set aside when challenged. The content of an association’s bylaws typically includes such topics as: