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.

A glossary of terms you'll keep running into

• Assessment. Money owners must pay the association. "Regular" assessments are the dues; "special" assessments are one-time charges.
• Common area / common elements. Property owned or maintained by the association for shared use.
• Limited common element. A common element reserved for one or a few units, such as a balcony or an assigned parking space. Who pays to repair it is a frequent source of disputes.
• Easement. A right to use someone else's property for a set purpose, such as utility access or a shared driveway.
• Amendment. A formal change to the declaration or bylaws. It usually needs an owner vote and must be recorded.
• Quorum. The minimum attendance or participation needed for a valid vote.
• Supermajority. A vote threshold higher than a simple majority, such as two-thirds or 75%, often required for amendments.
• Architectural review / ARC. The committee or process for approving exterior changes.
• Estoppel / resale certificate. A statement of what a seller owes the association, issued at the time of sale.
• Indemnification. A promise to cover someone else's losses. Some CC&Rs make owners indemnify the association for damage they cause.

Who maintains what: build a table

Disputes over leaks, roofs, decks, and fences are often settled by the maintenance and insurance sections. Make a simple three-column table: component, who maintains / repairs, who insures. Go through the CC&Rs and fill it in for windows, roofs, exterior walls, plumbing inside walls, balconies, fences, driveways, and landscaping. Mark any item where the documents are silent or contradict each other. When something breaks, you'll know what you're responsible for, and you can cite the exact section when talking to the association.

How amendments change the picture

Documents are often amended over the years, and the amendments are recorded separately. A rental rule in your original CC&Rs may have been tightened by an amendment ten years later. When you get copies, ask for "the declaration and all recorded amendments." You can also search the county recorder's records by the association's name. Read the amendments in date order, and mark up your copy of the original wherever a later change replaced it.

Many states also have statutes that override conflicting provisions in older documents. Common examples are rules about solar panels, flags, satellite dishes, electric-vehicle chargers, and drought-tolerant landscaping. If a provision in your CC&Rs seems out of date, check whether a newer state law has replaced it.

Reading the rules for enforceability

Board-adopted rules usually must:

• be within the authority the CC&Rs give the board;
• be reasonable and applied uniformly;
• be adopted following any notice and comment procedure your state requires.

A rule that contradicts the declaration usually gives way to the declaration. If a rule seems to stretch beyond what the CC&Rs allow, compare the two side by side and ask the board to identify the source of its authority.

Federal rules that override your documents

Some protections apply no matter what your documents say. Under the FCC's Over-the-Air Reception Devices rule, an association generally can't stop you from installing a small satellite dish or TV antenna in an area you own or have exclusive use of. That includes dishes one meter or smaller in diameter, and broadcast TV antennas. The association also can't impose restrictions that unreasonably delay, raise the cost of, or degrade reception. The Fair Housing Act likewise overrides rules that discriminate, and it requires reasonable accommodations for people with disabilities.