Association 101│Homeowner Association Terminology... Who's who

page 1 2 3 4 5

Rules and Regulations

- Sets forth the operational powers or provisions and use restrictions adopted by the association

- Legal Docs for Homeowner Associations and the Hierarchy of such Documents

Subdivision Plan

- Describes the location and nature of the common property and the individual lots

Property Deeds

- Comprise the individual lot deeds and the deeds to common property which give a legal

  description of the property  

The Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

- The Declaration of CC&R’s is the collection of covenants imposed on all property within

   the development and provides:    

              - For automatic association membership of all owners and the basis for voting rights

              - The obligation of each owner to share in funding the cost of association operations

              - Certain restrictions (architectural control and other rules) on the use of the property and the 

                association’s enforcement powers

              - Sets forth the power and authority of the association to own and maintain the common

                property and to make and enforce rules   

Articles of Incorporation

- Creates the association as a legal entity under state corporate statute; defines the board powers

   and responsibilities of the association and its membership; and, sets forth the process for creating the

   board of directors, voting system, etc.        

- Bylaws-implements, in specific detail, the provisions of the CC&Rs and the Articles of

   Incorporation regarding the association operations, including delineation of the meeting process, 

   election procedures,  powers and duties, board meetings, committees, insurance requirements,

   rule-making and enforcement process                        

- Rules and Regulations-sets forth the operational powers or provisions and the use restrictions

  adopted  by the association   

page 1 2 3 4 5