Homeowners associations rely on a set of written documents to establish how the community is governed, what homeowners can and cannot do, and how the association operates. Collectively, these are known as HOA governance documents.
These documents can cover everything from architectural standards and maintenance responsibilities to board elections, assessments, meetings, and enforcement procedures.
In Texas, HOA governing documents must also operate within applicable state law. The Texas Property Code contains specific requirements affecting residential property owners’ associations, while other laws may apply depending on how an association is organized.
What Are the Main HOA Governing Documents?
Although communities may use different names or additional policies, most associations rely on several core documents.
Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs HOA document is often the foundation of an association’s rules concerning property and homeowner obligations. It is commonly recorded against the property and establishes restrictions and responsibilities that can apply to homeowners throughout the community.
An HOA declaration may address:
- Property use and restrictions
- Maintenance responsibilities
- Assessments and other financial obligations
- Architectural requirements
- Easements and shared property
- Enforcement rights
- Restrictions concerning things such as parking, landscaping, rentals, or exterior modifications
Because CC&Rs can create obligations that run with the property, homeowners should review them carefully before purchasing a home in an HOA community.
HOA Bylaws
HOA bylaws primarily explain how the association itself operates. While the declaration focuses heavily on property restrictions and homeowner obligations, bylaws tend to focus on governance.
They may establish rules concerning:
- Board composition and elections
- Officer positions and responsibilities
- Membership and voting rights
- Board and membership meetings
- Quorum requirements
- Terms of office
- Procedures for making association decisions
Texas nonprofit corporation law also recognizes bylaws as rules adopted to regulate or manage a corporation.
Articles of Incorporation
The HOA articles of incorporation, now generally referred to in Texas as a certificate of formation for a nonprofit corporation, establish the legal existence of the corporation.
They can identify the association’s name, purpose, organizational structure, and other foundational information required under applicable law.
Not every HOA is organized in exactly the same way, so homeowners should determine which organizational documents apply to their particular association.
Rules and Regulations
Rules and regulations HOA communities adopt generally deal with practical, day-to-day matters. They provide more specific guidance than the declaration or bylaws.
For example, an association might establish rules governing:
- Pool and clubhouse use
- Parking
- Trash and recycling
- Pets
- Amenity reservations
- Common-area conduct
- Meeting procedures
- Enforcement processes