Understanding the documents that govern a homeowner’s association can be challenging for those of us that do not have a legal background or experience reading these particular documents. Additionally, when there are multiple amendments over many years, it further complicates reading and interpreting the documents because one must reference back to previous filings to understand the governing document as a whole.
In this document, we will attempt to explain in simple terms what the documents are and how they are applied. Below you will see the governing documents presented in the order of authority. Each document below the one above it is subordinate.
The Governing Documents
Oklahoma General Corporation Act
The SilverHawk Homeowner’s Association Inc. is a corporation incorporated under the Oklahoma General Corporation Act. It must operate within the laws set forth in the act and any of the following governing documents may not contradict the laws of this act.
Certificate of Incorporation
This document simply is the filing with the state that establishes the association as a legal entity with certain rights.
Declaration of Covenants, Conditions and Restrictions
In general, this document sets forth the requirements and restrictions for erecting structures and the use of land on each lot. It also includes restrictions such as what type of fencing may be erected, whether a business may be located within the neighborhood or if signs can be placed in your front lawn. Additionally, this document declares in specific terms which property is subject to the authority of the homeowners association. It states that all lot owners are required to be members in the association and subject to all of its covenants, conditions and restrictions and certificate of incorporation and its bylaws. It establishes the ownership and responsibility to maintain the common areas such as the ponds and pool. The declaration sets forth the rights of members to vote in elections of directors who are to serve on the board. In order to maintain the common areas and to pay for other administrative costs, this document establishes the annual and special assessments and remedies for lot owners who do not pay the assessments. It also establishes the requirements for holding meetings of the members. This is not an exhaustive list.
This document specifically outlines how to conduct the business required in the documents discussed above. Think of this document as the procedures document for the association in the conduct of its business.
Where to find our Governing Documents
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