Seller's Obligation to Disclose HOA Documents & InformationĪs mentioned above, most states have specific disclosure laws that require sellers to inform prospective purchasers about implied contractual obligations, such as payment of maintenance fees, and restrictions limiting the use and occupancy of a property. Violating the terms may also constitute a breach of contract. Therefore, it is very important that prospective buyers carefully review the terms of each of these documents because buyers will be contractually bound by them once they acquire ownership of the property.

These documents are legally binding based on the implied contractual agreement as a homeowner member of the community.

Rules and Regulations - Details how the CC&Rs are interpreted and implemented. Information about architectural restrictions, property use restrictions, property maintenance standards, and more.Īrticles of Incorporation - Includes basic information about the HOA including the name of the association, its location, and the purpose of the association.īylaws - Set out the technical rules and procedures for things like voting, the election of directors, and term limits. Basic Homeowners Association Documents and Hierarchy of AuthorityĪll associations have the following basic set of governing documents (listed in order of hierarchy) that dictate how a community may be governed:įederal and state law - Unless the statute defers to the association's documents.ĭeclaration of Covenants, Conditions & Restrictions (CC&Rs) - Contains the rights and responsibilities of each member and the responsibilities of the HOA to its members.

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