Have you wondered what we mean when we speak about the Governing Documents? If you have – please keep reading….
Our Governing Documents are the documents that are the legal documents to govern and regulate the association and the community. The Governing Documents include the (i) Articles of Incorporation; (ii) Bylaws; (iii) Declaration; (iv) Rules and Regulations; and (v) Resolutions.
Each of these documents perform a particular function for the community.
- The Articles of Incorporation (“Articles”) organize and establish the nonstock corporation that is the homeowners association. To form a corporation in Virginia, Articles must be filed with the State Corporation Commission. In general, the Articles provide information on the purpose of the association and identify the members and board of directors.
- The Bylaws set forth procedures for operating the association and the power and duties of board. The Bylaws will include specific provisions addressing meeting of the members (the record owner of the lot) procedures, director requirements, election provisions, meeting of directors, further defines the powers and duties of the directors, election and duties of the officers, committees, books and records requirements, and establishes the basic process for assessments.
- The Declaration is the document that establishes the type of community. The Declaration is recorded in the Circuit Court Clerk’s office where the property is located. It identifies Common Area, creates rights in owners to use the Common Area; establishes the assessment obligation for owner to pay dues; creates various easements; and defines the process for the developer to add property to the community development scheme.
- Rules and Regulations and Resolutions establish rules and procedures for the association. Rules and regulations are typically used to establish policies around conduct and ongoing maintenance or support actions. Resolutions deal more with establishing procedures and are typically used when an issue is more complex or formal, such as enforcement or collection procedures. There are four types of resolutions; Policy Resolutions affect owners’ rights and obligations, Administrative Resolutions address the internal operations of the community association, Special Resolutions record board decisions that apply a policy to an individual situation, and General Resolutions record board decisions regarding routine events.
- Our Community Rules govern the use of common areas, amenities and architectural and environmental requirements for the community. Some of the areas covered address such issues as outside repairs/modification/enhancements to your home, trash and recycling, pets, parking along with safety rules for use of common areas and pool.
- Resolutions for our community address a wide range of areas encountered by the association and it’s members. You may be familiar with our collection policy or covenant enforcement policy.
This page created from content originally obtained at http://blog.tarleyrobinson.com/?p=677