HOAs may seem like communities with walls of rules surrounding them. This is pretty close to the truth, but instead of physical walls, its governing documents keep associations uniform and in control. They are created by the developers of the communities and reflect their vision of what they want the community to be in the future.
HOA governing documents cover everything from how elections work to what color you can paint your fence. Every HOA has them. They apply to all homeowners in the community. When you purchase a home in a community with governing documents you agree to live within these guidelines, whether you have read them or not.
Ghertner & Company has worked with community associations across Middle Tennessee since 1968 and each community has different rules and aspects, making each community unique. Understanding them is one of the most practical things a homeowner can do.
The Hierarchy of HOA Documents
HOA documents follow a clear order of authority. Federal and State laws sit at the top. Below that come the CC&Rs, then the bylaws, then the rules and regulations. If any document conflicts with a higher one, the higher one prevails.
What Are CC&Rs? (Covenants, Conditions & Restrictions)
CC&Rs are the foundation of most HOA governing documents and are legally binding on all owners. They run with the land, meaning they transfer to new owners at closing.
CC&Rs typically cover property use, architectural standards, and maintenance responsibilities. They also spell out what the HOA is responsible for versus what falls on individual owners.
CC&Rs are relatively permanent, with changes requiring a supermajority vote from homeowners. Depending on what the documents state, this can be anywhere from 51% to 100%.
HOA Bylaws: Roles, Elections, and Operations
Bylaws cover how the internal structure of an association works.
Bylaws define officer roles and term limits. They set quorum requirements for meetings. Without a quorum, the board generally cannot conduct official business. Some boards revisit bylaws periodically to keep them current with state law and community needs.
Rules and Regulations
Rules and regulations are the most day-to-day of all the HOA policies. They cover things like:
Parking
Trash pickup schedules
Pet policies
Pool hours
Depending on the documents, sometimes the Boards can amend these without a full homeowner vote, which makes them easier to update than CC&Rs or bylaws. However, other documents require a majority vote to make any changes.
That flexibility is useful. Communities change over time. A rule that made sense ten years ago may need revisiting. Board members should review HOA rules and regulations on a regular schedule to keep them practical and fair.
Why These Documents Matter for Homeowners
These documents protect your investment by setting expectations for how the neighborhood looks and functions. A well-run HOA with clear homeowners association documents tends to hold property values better than one without them.
They also protect you from surprises. For example, if you know what your CC&Rs say about fences before you build one, you can avoid a costly dispute later. Ghertner & Company has seen firsthand how much confusion stems from homeowners not knowing what's in their governing documents.
How to Access and Understand Your HOA Documents
We say reading your documents helps save headaches later, but how do you access them? Your HOA governing documents should have been included in your closing paperwork. If not, your property management company or HOA board can provide copies.
Ghertner & Company gives homeowners direct access to association governing documents through our online portal.
Reading them can feel like a chore, but start with the CC&Rs. They cover the big-picture rules. From there, the bylaws and rules fill in the details. If something is unclear, ask your property manager. We are happy to help!
Common Misunderstandings and Legal Considerations
One of the most common mix-ups is thinking that HOA rules override state law. They don't. State statutes always take priority. Another misconception is that homeowners can ignore rules they weren't personally told about. Ignorance of the HOA policies is not a valid defense.
Boards sometimes overstep, too. Enforcing a rule that conflicts with state law can expose the association to legal risk. That's why professional management matters. Ghertner & Company holds the Accredited Association Management Company (AAMC) designation from CAI and the Accredited Management Organization (AMO) designation from IREM. Both require strict ethical and educational standards. Those credentials aren't just letters. They reflect a standard of care that protects communities and homeowners alike.
Make Sense of Your HOA Governing Documents With Ghertner & Company
Ghertner & Company has managed community associations in Middle Tennessee for more than 55 years. Our team knows these documents inside and out. Contact us today to learn how we can support your community.