The governing documents for a community association outline the roles of the Board, the responsibilities of homeowners and more to help the association run smoothly. Each document has a specific purpose, and when it comes to the day-to-day activities of your community association, the Board and your association management company look to the documents to guide decisions.
State Laws
Almost every state has statutes governing condominiums and homeowner associations. In addition, most associations are subject to the state corporations’ code. Association governing documents are almost always trumped by state law. But, when association documents conflict among themselves, the declaration or proprietary lease carries the greatest weight, followed by the bylaws and then the rules and regulations.
Bylaws
Bylaws address association operations, such as procedures for meetings and elections, and specify the general duties of the Board.
Declarations and Covenants, Conditions and Restrictions
Declarations (also known as master deeds) create planned communities. These contain restrictions that regulate residents’ behavior, define owners' rights and obligations, and establish the association’s responsibilities.
Resolutions—Rules and Regulations
Board members adopt rules and regulations. Rules and regulations are recorded as board resolutions. Resolutions must be consistent with the declaration or proprietary lease, the bylaws and state law.