Association Documents
Governing Documents
What are HOA governing documents?
Texas State Law Library's website provides that, "Property owners' associations have certain documents that are essential to their operation. They define the governing rules and restrictions for the association and the homeowners. Collectively, these documents are called "dedicatory instruments" or "governing documents." The titles may differ, but most associations will have some documents that serve these important functions.
Articles of Incorporation. If the association is incorporated, this document establishes its status as a legal entity. The articles state the basic identifying information about the association and are filed with the Secretary of State. They may include information about the initial Board of Directors and some basic rules. This document is sometimes called "Certificate of Formation."
Bylaws. Bylaws define how the association is run and managed. They often contain the rules that govern meetings, voting, elections, Board of Directors, various committees, and keeping of records. Bylaws may also say how the bylaws can be amended.
Declaration of Covenants, Conditions, and Restrictions. This is the main document that defines the rights and responsibilities of the homeowners. Declaration will have the rules related to property use, upkeep and appearance, rule violations, fines and fees, and judicial enforcement. This document is also known as "Restrictions," "Restrictive Covenants," or "CC&Rs."
Rules and Regulations. If other governing documents allow, the Board of Directors can sometimes enact additional regulations to help implement the provisions in the Declaration. These rules are often known as "Association Rules," "Rules," or "Policies."
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