'Homeowner's Association - HOA'
An organization in a subdivision, planned community or condominium that makes and enforces rules for the properties in its jurisdiction. HOAs also collect monthly or annual dues to pay for upkeep of common areas like parks, tennis courts, elevators and swimming pools and can levy special assessments on homeowners when the association lacks sufficient reserves to pay for unexpected repairs.
State Enabling Statute
Permits the creation of condominium/townhome form of ownership andprescribes the basis of determining ownership interest, rights and obligations of the owners, duties and powers of the association, and the process of dissolution of the condominium
Subdivision of Condomimium/Townhome Plat - Describes the location and nature of the common elements and the units
Condominium Declaration or Master Deed- Defines the units, common and limited common elements, and is the collection of covenants imposed on the property to provide for:
- The basis for allocation of percentage ownership interest
- The obligation of each owner to share in funding the cost of association operations
- The power, authority, and responsibility of the association in its operations and in making and enforcing rules
Individual Unit Deeds
Comprises the individual unit deed.
Articles of Incorporation - Creates the association as a corporation under state corporate statute and defines its membership and sets forth the process for creating the board of directors, voting procedures, etc.
Implements, in specific detail, the provisions of the Declaration and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process.
Rules and Regulations - Sets forth the operational powers or provisions and the use restrictions adopted by the Asociation.