Documents that regulate the community life

 Documents may vary depending on type of Association (condo, townhome, etc.)

State law
Declaration of Covenants or Master Deed
Conditions and Restrictions
Rules and Regulations
Plats of Survey and Easement Agreements (may be separate, often included in the declaration)

Basic Condominium/HOA Legal Documents

State Enabling Statute:

Ppermits the creation of condominium/townhome form of ownership and prescribes the basis of determining ownership interest, rights and obligations of the owners, duties and powers of the association, and the process of dissolution of the condominium.

 Subdivision of Condominium/HOA Plat:

Describes the location and nature of the common elements and the units.

 Condominium Declaration or Master Deed:

Defines the units, common and limited common elements, and is the collection of covenants imposed on the property to provide for:

The basis for allocation of percentage ownership interest
The obligation of each owner to share in funding the cost of association operations
The power, authority, and responsibility of the association in its operations and in making and enforcing rules

 Individual Unit Deeds:

Comprise the individual unit deed

Articles of Incorporation:

Creates the association as a corporation under state corporate statute and defines its membership and sets forth the process for creating the board of directors, voting procedures, etc.


Implements, in specific detail, the provisions of the Declaration 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


Legal Docs for Homeowner Associations and the Hierarchy of such Documents


Subdivision Plat:

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

Property Deeds:

Comprise the individual lot deeds and the deed to common property which give a legal description of the property.

The Declaration of Covenants, Conditions, and Restrictions:

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

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