Community associations, including homeowner associations (HOAs), condo associations, townhome associations, and more, are governed by a set of documents. The two most common are bylaws and CC&Rs (Covenants, Conditions, and Restrictions). While both types of documents help govern association Boards and residents, they serve different purposes.
Knowing their differences can help your Board enforce rules fairly, avoid disputes, and build trust. So, let's get started!
What are CC&Rs?
Covenants, Conditions, and Restrictions (CC&Rs) are the legal foundation of a community association. They are legally binding and recorded with the county during the establishment of the community.CC&Rs typically cover the following:
- Property use restrictions (e.g., exterior paint colors, fencing rules, landscaping guidelines, etc.)
- Maintenance obligations for homeowners and the association
- Architectural guidelines to preserve community aesthetics and appeal
- Common area use and restrictions
The legal nature of CC&Rs means that changing them usually requires a community-wide vote and, occasionally, court approval.
What are Bylaws?
Community bylaws, on the other hand, define the structure and operation of the community association as an organization. They are more administrative and easier to change than CC&Rs.
Bylaws generally outline the following:
- The Board of Directors' powers and responsibilities
- Election procedures for Board members
- The voting rights of homeowners and residents
- Meeting requirements (frequency, quorum, notice periods, etc.)
- Budgeting and financial oversight
Key Differences Between Bylaws and CC&Rs
Both bylaws and CC&Rs are essential for the governance of your community. However, they have significant differences.Here's a quick breakdown of what sets them apart:
- CC&Rs: Focus on property rules, homeowner obligations, and community-wide restrictions.
- Bylaws: Focus on organizational structure, Board governance, and daily operations.
- Enforceability: CC&Rs are legally binding; bylaws function more like internal regulations.
- Amendments: CC&Rs have a complex process; bylaws can often be updated more easily.
When used effectively together, bylaws and CC&Rs maintain the community's appearance and its functionality.
Why These Differences Matter
Bylaws and CC&Rs may serve different purposes, but together they form the backbone of any successful community association. Confusion between these two documents can lead to disputes and even compliance issues. Yet, when Boards and homeowners understand these distinctions, they will enjoy a community with better boundaries and less conflict.
Providing residents access to both the CC&Rs and bylaws is also essential. It ensures transparency between the Board and residents and helps residents stay informed about their community.
If you have questions or concerns about your governing documents, contact Partners Community Management. Our team of experts will ensure your community's bylaws and CC&Rs are applied correctly and that amendments are handled legally. Let Partners Community Management provide the expertise your community needs to thrive!
