Homeowners associations (HOAs) are a vital part of many neighborhoods as they provide benefits to their residents, including maintaining common areas, enforcing rules and regulations, and ensuring that the neighborhood remains aesthetically pleasing. For an HOA to deliver these benefits, it must have a set of governing documents. These documents outline the responsibilities and powers of the association, the Board of Directors, and the rights and obligations of homeowners. This article will explore each of the governing documents of an HOA and what information they contain.
Plat Map
A plat map is a type of map that shows the boundaries of a piece of property, along with any easements or other restrictions that may apply. For community associations, plat maps are an essential tool because they help the HOA determine where each property owner’s lot begins and ends and define any common areas shared by the community. Plat maps also show the location of any easements or rights-of-way that may exist on the property. This information is critical for ensuring that all homeowners use their property per the HOA’s rules and regulations.
Articles of Incorporation
A community association’s articles of incorporation is a legal document containing important information about the nonprofit corporation (the association). This includes the name of the association, its purpose, and the names of its founding directors. The articles of incorporation must be filed with the secretary of state in which the association is incorporated. In North and South Carolina, an association is not required to be incorporated; however, this is important because it gives the association legal status and certain benefits, such as tax advantages under IRS rules. Incorporation also protects the volunteer Board of Directors as they service the corporation, whereas they would be personally liable if the association is not incorporated.
Bylaws
A community association’s bylaws set the administrative rules and regulations for the association’s operation and its members’ rights and responsibilities. The bylaws will typically include information on the following:
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