A Declaration—often called the Declaration of Covenants, Conditions, and Restrictions (CC&Rs)—is a legally recorded document that establishes the HOA and outlines the rights, responsibilities, and restrictions governing the community. It defines property use rules, maintenance obligations, assessment authority, and enforcement powers of the association.
Why It Matters for Self-Managed HOAs
The declaration is the foundation of how a self-managed HOA operates and enforces its rules. Understanding it is essential for both board members and homeowners.
- Establishes the HOA’s legal authority and scope of control.
- Defines homeowner obligations, including assessments and maintenance duties.
- Guides enforcement actions and compliance decisions.
- Helps resolve disputes by providing clear, recorded standards.
- Ensures consistency when board members change over time.
For self-managed boards, the declaration is the primary reference point for governance and decision-making.
How to Use It
“The board reviewed the declaration to confirm whether exterior paint changes required approval.”
Best Practice or Tip
- Store the recorded declaration in HOA My Way’s document library for easy access.
- Reference the declaration directly when issuing compliance notices or ARC decisions.
- Educate homeowners on key declaration provisions through newsletters or welcome packets.
- Track amendments and ensure the most current version is clearly labeled in the portal.
- Use HOA My Way’s centralized records to avoid outdated or conflicting copies.
