What Determines the Rules I Must Adhere to in my Homeowners’ Association?

A homeowners’ association has a set of governing documents, starting with an Association’s Declaration of Covenants, Conditions and Restrictions. For a lack of a better way to describe it, the Declaration is like the U.S. Constitution and governs what a homeowner may, may not, or must do with his/her property located within a homeowners’ association.

An Association’s Bylaws and Articles of Incorporation establish the non-profit organization, set forth general corporate powers, establish election procedures and provide the composition of the Board of Directors, amongst other things. An Association likely also has Rules and Regulations, which may provide more detailed explanations, clarifications and definitions of restrictions and authorities found in the Declaration, Bylaws and Articles of Incorporation.

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