GOVERNING DOCUMENTS

The term "governing documents" as defined in Civil Code §1351(j) refers to documents that govern a common interest development. Following are general descriptions of those documents.

Architectural Standards. Architectural standards, like rules and regulations, are supplemental to the CC&Rs, are approved by the board of directors, and establish policies and procedures for modifications to or improvements to owners' property.

Articles of Incorporation. Articles of Incorporation are usually 2 or 3 pages long and state the name of the association and the general purpose for which it was formed. The Articles are filed with Secretary of State. Articles filed after 1995 must contain certain information. See more about corporations.

Bylaws. Bylaws establish qualifications and procedures for the election of directors, their term of office, their powers and duties, etc. Bylaws also contain procedures for annual and special meetings of the membership. Certain elements of the Bylaws may be amended by the board, other elements require membership approval. Corp. Code §7150

CC&Rs. The Declaration of Covenants, Conditions & Restrictions, otherwise known as the "Declaration" or the "CC&Rs", describes the rights and obligations of the membership to the association, and the association to the membership. This includes maintenance responsibilities and restrictions on the use of property. To be effective, CC&Rs must be recorded. Civil Code §1355(a)

Condominium Plan. A condominium plan is filed by the Declarant prior to the construction of the project and consists of a description or survey map of the project in sufficient detail to identify the common areas and each unit. Civil Code §1351(e) Condo plans are not used with planned developments because what the individual owns is defined two dimensionally by the tract map. Condominiums, on the other hand, require a three dimensional description of the condominium's air space. (see example)

Declaration. Declaration of Covenants, Conditions & Restrictions, see "CC&Rs".

Rules and Regulations. Rules are established by the board for regulation of matters not fully described in the CC&Rs, such as parking and use of recreational facilities.

Tract Map. A tract map is used in planned developments to show the boundaries and location of each lot and the common areas.

Hierarchy of Documents. Governing documents have a hierarchy of importance.

Amendments. To amend or restate governing documents, see amending documents

Updated 11/8/2007