Rules Relating to the Interpretation of HOA Governing Documents

Homeowners and the officers, directors and management personnel of a homeowners association frequently have a need to review and understand the provisions contained in their HOA governing documents, and in particular, their association’s Covenants, Conditions and Restrictions (commonly referred to as the “CC&Rs”). The CC&Rs are lengthy documents that have been prepared by lawyers and tend to contain much confusing language that the average lay person has difficulty understanding.  Additionally, even when language is understood, it is not uncommon to come across conflicts in the language that is contained in different governing documents and/or between provisions that are contained in the association’s governing documents and provisions that are contained in state statutes covering the same topic.  To facilitate an understanding of confusing and/or conflicting language contained in an association’s governing documents, there are established rules of interpretation that should be applied.