24 Governing Documents That Control Condominium Associations
By Kay Senay
“This is our first year in a condominium and it has been no fun at all. Besides a copy of the rules and regulations, are there additional rules that management has and, if so, how do you get a copy of these? We continue to keep breaking rules, at least that is what the management is saying.”
You should have received the governing documents from your real estate agent or the previous owner of your condominium unit before you purchased. That being said, condominium and homeowner association boards used to protect all the governing documents. It was very difficult for an owner to see them. Over the years, association records have been opened to all owners or their authorized representatives.
You should be able to get copies of all the rules for your condominium from your board of directors and/or the management company. You can also get a copy of the governing Declaration, Bylaws, and Amendments at the office of your local county recorder.
The purpose of the governing documents is to provide for the legal structure and operation of the community. They define the rights and obligations of both the association and its owners. These governing documents protect the owners and the community, enhance property values, and promote harmonious living.
Below is a list of 24 governing documents that control condominium associations. Yours may have more or less records than these.
- Articles of Incorporation, Declaration, Bylaws, Amendments, and Rules
- Minutes of board and owner meetings, ballots, sign-in sheets, proxies, and voting records
- Rosters of owners, board members, committee members, and renters
- Plans, permits, warranties, and maps provided by the developer
- Insurance policies and Risk Management Program
- Management contract
- Accounting Records—operating and reserve fund budgets, Audited or Reviewed Financial Statements, Current Balance Sheet & Profit/Loss Statements, bank statements, contracts, and invoices
- Correspondence to owners and contractors
The Declaration contains the following information. The Declaration for your condominium association may include more or less than these.
- What you own, what you can change, and what you are responsible to maintain
- Rules for how you pay assessments and penalties for late payments or for non-payment
- Rules for use, occupancy, and leasing
The Bylaws contain the following information. The Bylaws for your condominium association may include more or less than these.
- Who belongs to the association and voting rights of members
- Qualifications for the board of directors, how they are elected, and powers and duties of the board
- Association management and budget preparation
- Rules for types and frequency of meetings
The rules contain the following information. The rules for your condominium association may include more or less than these.
- Pets, parking, trash, and noise
- Fencing, decks, patios, and landscaping
- Exterior decorating and lighting
- Windows, doors, and skylights
Even though the list of governing documents is lengthy, taking the time to review them will pay off. Each of these governing documents deals with an important aspect of the condominium association. Associations should maintain an adequate number of copies of these governing documents so that they are readily available to owners, lending institutions, title companies, and realtors who request them. A request for inspection of the rules and records should not be denied.
Kay Senay
Kay is the author of CONDO BUYING & OWNERSHIP MADE SIMPLE: TIPS TO SAVE TIME & MONEY. This book is full of Kay’s secrets for solving difficult condominium issues. She is available to speak at conferences and to advise condominium and homeowner associations’ boards of directors. Visit her website at the link above for FREE TIP SHEETS, books, and more valuable articles.
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Great Article! Many buyers of condominium apartments really need to know about the operating system of what they are buying into. Rules and regulations tend to change- sometimes at the cost and expense of the unit owners.
Always review the condominium documets in a timely manner.
Many condo associations and HOA’s are adding websites with blogs for meeting notes and online message boards that a re free like Yahoo Groups! All documents can be posted on the site for easy owner access.
Reviewing the docs in detail is a critical element of buying a condo, particularly for someone who has never owned one before. In Florida, we have found issues with the buildings being under-insured (no doubt to save money on the monthly dues). But in the event of damage from a hurricane, it ends up forcing the association to levy special assessments on the owners to cover what the insurance did not.
The yahoo groups idea is great! Google has a similar service called google groups. Thanks for the feedback.