Governing Docs

Have you read and understand your governing docs? CC&R's and Bylaws? and Ammendments?

4/24/20252 min read

🏡 Why It’s Time to Restate Our HOA Governing Documents

And What It Means for Our Community’s Future

As homeowners, we’ve invested more than just money into this neighborhood—we’ve invested our trust, our time, and our long-term hopes for a thriving, safe, and well-managed community. Now that our HOA is transitioning away from developer control, we face a crucial moment: it’s time to restate our governing documents.

But what does that mean? And why is it so important? Let’s break it down together.

📜 What Are Governing Documents?

Governing documents are the foundation of how an HOA operates. They include:

  • The Declaration (or Covenants, Conditions, and Restrictions - CC&Rs)

  • The Bylaws

  • The Articles of Incorporation

  • Rules and Regulations

These documents were originally written by the developer or declarant, whose primary focus was on selling homes and completing the build—not on the long-term needs of a fully-functioning residential community.

🔍 Why the Current Documents Fall Short

Let’s be honest—our current documents served a purpose in the early days. But now? They’re outdated, vague in key areas, and, in some cases, no longer reflective of our HOA’s size, operations, and homeowner priorities.

Here are just a few of the issues:

  • Ambiguities around financial responsibilities (e.g., reserve contributions, maintenance expectations)

  • Unclear or missing language on amenities usage

  • Vague enforcement mechanisms

  • Developer-favoring clauses that no longer serve the community

🧱 The Developer’s Perspective vs. the Homeowner’s Reality

The developer’s investment in our community was temporary and financial. Once the lots were sold and homes completed, their primary job was done. In contrast, homeowners are here for the long haul—raising families, building relationships, and caring deeply about what our neighborhood becomes.

We need governing documents that reflect our priorities, not those of a company that has already moved on.

🔧 What Restating the Documents Can Fix

Restating isn’t just about rewording—it’s about modernizing, clarifying, and empowering.

✅ Clearly define rental restrictions and leasing procedures
✅ Establish consistent enforcement policies with due process
✅ Set clear maintenance and repair responsibilities
✅ Ensure financial transparency and improve budgeting guidelines
✅ Empower the board with appropriate decision-making authority
✅ Update communication and voting procedures for digital convenience
✅ Remove or revise outdated developer clauses

🏘️ A Community-Driven Process

This isn’t a top-down decision. It’s a collaborative process, often with:

  • Homeowner input

  • Legal consultation

  • Transparent review meetings

  • A community vote before final adoption

Our board is committed to ensuring this process is open, fair, and well-communicated every step of the way.

📈 The Big Picture: Protecting Home Values and Enhancing Our Quality of Life

Communities that keep their governing documents up to date:

  • See fewer legal disputes

  • Enjoy better homeowner satisfaction

  • Maintain (or even increase) property values

  • Create a more inclusive, sustainable neighborhood culture

✨ Let’s Build the Future Together

This is about more than documents—it’s about building a community that works for everyone, today and for years to come.

Whether you’re new here or a long-standing resident, your voice matters. Restating our HOA’s governing documents is a vital step in ensuring our community runs fairly, clearly, and with the best interests of homeowners at heart.

Let’s move forward—together. More info will be coming in the following months since our community will need 67% of owners to be present for and vote on changes!