HOA Homefront: Know your governing documents

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These documents are literally the legal glue holding the association together.

Governing documents are critical for HOA communities and are literally the legal glue holding the association together.

Each document has a distinct purpose and function, and every HOA member should have copies. Here’s a recap …This document breaks up the land into separate pieces of land and/or airspace sold to homeowners in planned development or condominium projects. This document is recorded with the County Recorder, is easily retrieved, and defines the “common area” or “association property” and the “separate interest” . Sometimes it also delineates exclusive use common areas or maintenance easement areas.

CC&Rs cover how the property is used, maintained and repaired, and very much affects living in that association. There usually will be a section called “Use Restrictions,” listing a number of prohibited activities, although restrictions can also be located elsewhere in the document. Restrictions can range from pet limits to parking to rental restrictions. In multi-story condominium buildings, they may prohibit certain flooring surfaces.

 

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