What Are Governing Documents?
Posted on January 7, 2021 12:41 PM by Melissa Gentry
Categories: Homeowner Articles
We’re always talking about the association’s governing documents, but what are they?
Almost every state has statutes governing condominiums and homeowner associations. In addition most associations are subject to the state corporations’ code. The primary statute for Texas is property code 209. The state statute that governs condominiums is Texas property chapter 82.
Declaration and Their Covenants and Restrictions
Planned communities are created by declarations. These contain the restrictions that regulate residents’ behavior, they define owner’s rights and obligations, and establish the association’s responsibilities.
Articles of Incorporation
Most associations incorporate and have articles of incorporation that define their purposes and powers. They may specify such things as the number of directors and their terms of office.
Bylaws address association operations such as procedures for meetings and elections and specifying the general duties of the board.
Resolutions—Rules and Regulations
Board members adopt rules and regulations, and sometimes members have to approve them. Rules and regulations are recorded as board resolutions. Resolutions must be consistent with the declaration or proprietary lease, the bylaws and state law.
Order of Priority
Association governing documents are almost always trumped by state law. But, when association documents conflict among themselves, the declaration or proprietary lease carries the greatest weight, followed by the bylaws and then the rules and regulations.
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