How to read your HOA documents

Your HOA's governing documents are the rulebook for your community. They can run to a hundred pages of legal language, but you don't need to read every word to use them. Here's what each document does and where to look first.

The documents, from most to least powerful

1. State and federal law. Not an HOA document, but it sits above all of them. A provision that conflicts with the law generally can't be enforced.
2. Declaration (CC&Rs). Recorded in the county land records, it binds every lot. It creates the association, defines the property and common areas, sets out maintenance duties, gives the power to assess, and lists use restrictions. Changing it usually requires a vote of owners, often a supermajority.
3. Articles of incorporation. The short filing with the state that creates the association as a corporation.
4. Bylaws. How the association runs: board size and terms, elections, meetings, quorum, officers.
5. Rules and regulations. Adopted by the board, usually without an owner vote. They cover details such as pool hours, trash can storage, and parking. Rules must be consistent with the declaration.

When two documents conflict, the higher one generally wins.

Read these sections first

• Assessments. How dues and special assessments are set, how they're divided among owners, when they're due, and what happens if you pay late. See special assessments explained.
• Maintenance responsibilities. Who fixes what: roofs, exterior walls, fences, driveways, pipes. This is the source of many disputes.
• Use restrictions. Rentals, pets, parking, home businesses, signs.
• Architectural control. What changes need approval and how to apply.
• Enforcement. How violations are handled, fines, hearings, and appeals. Compare it with your state law. See how to fight an HOA fine.
• Amendments. How the documents can be changed, and by what vote.
• Dispute resolution. Some declarations require mediation or arbitration before a lawsuit.

Where to get copies

You should have received them when you bought your home. If not, the declaration is recorded with the county recorder. The association should also provide its governing documents on request. Many state laws treat them as official records owners can inspect. Arizona's § 33-1805, for example, requires associations to make records available for examination within ten business days. Our records request letter can ask for them.

Tips for reading legal language

• Look for defined terms (often capitalized) and check the definitions section.
• "Shall" means must. "May" means allowed but not required.
• Note cross-references to state statutes. They tell you which law the community was created under.
• Keep a list of the sections you rely on, with page numbers, for any letter you write.

When the documents are silent or unclear

State law often fills gaps. California's Davis-Stirling Act, Florida's chapter 720, and similar statutes set default rules for meetings, records, and enforcement. If a provision is genuinely ambiguous and a lot is at stake, get advice from a lawyer who handles community association matters.