Every planned community has some rules. Without rules, it would not be possible to manage so many houses and people. The same goes with an HOA. Since an HOA is a planned community, it enforces some rules and regulations in governing documents. These rules maintain the quality of life in the association and prevent conflicts.
These governing documents include the bylaws and the CC&Rs. Many people, including people who reside in an HOA, often use these two terms interchangeably. However, there is a vast difference between them. To properly understand these rules, residents must understand the differences between them. Chandler HOA management services can help educate people and enforce these rules to preserve the value of the community.
Are CC&Rs and bylaws the same?
The short answer to this is no. Although both of these governing documents describe how the community and its members should operate, significant differences exist between them.
What are CC&Rs?
CC&Rs stand for Declaration of Covenants, Conditions, and Restrictions. CC&Rs are a legal document recorded in the land records of the county where your community is situated. These documents lay out the guidelines of how to behave in the community. Basically, they are the community’s rules, and when you purchase a house, you are automatically obliged to obey them.
The CC&Rs are put in place to make sure the essence of the neighborhood is preserved, and everyone enjoys a good quality of life. These rules decide what you can and cannot do inside the HOA, whether in public or on your private property. FOr example, if a law states that you cannot keep your garage gate open without reason, you must close it even though it is your own property. Upon violating these rules, you may receive fines and penalties.
What are bylaws?
Bylaws decide how the official work of the community should operate. Every HOA has a board of directors who manage the community with the help of bylaws. Bylaws dictate how one should do the day-to-day operations of managing the community. It may include the following.
- Frequency of board meetings.
- How, where, and when the meetings should be held.
- How frequently board elections should be held.
- The individual and collective duties of all the board members.
- Procedures for board nomination and elections.
- The number of people allowed to be on the board at one time.
- How long a board member can serve the board.
- Membership voting rights.
Who enforces these laws?
The burden of establishing and enforcing these laws lies with the HOA board. Only those rules are to be imposed which work for the best interests of the community. No board member can introduce rules that are invalid, irrational, and illogical.