DOCUMENTS TOO IMPORTANT TO IGNORE Edit page

This section contains important document related to TMR and its legal underpinnings. Some documents are also posted on other pages for convenience. 

The TMR Bylaws have been updated by FRIENDS to highlight two amended sections, and to append the amendments to the back of the document. 

Be sure to familiarize yourself with the CC&Rs as they represent a contract between TMR owners and TMRHOA, Inc.

All documents posted on this website should be considered unofficial. For official documents, check with the County Recorder or your TMRHOA, Inc management company. 

The Importance of Homeowner Association Documents

HOA documents are clearly essential for all homeowners associations, no matter the size. They define what HOAs and HOA members can and can’t do, how to do them, and when to do them. Every organization needs a set of documents governing its operations. Without these documents, an association would fall into anarchy. HOAs should also have an organization chart to show how the business is structured and the relationship between the board, management company, committees, attorneys, and residents.  

HOA Documents Explained

As an HOA member or board member, you have a responsibility to uphold and follow the association’s governing documents. However, these documents were written by people, and people are imperfect. Conflicts in provisions happen all the time. It’s also possible that some residents, attorneys, and board members may have different interpretations of the rules and regulations that govern the community. 

So, what do you do in these instances? How do you ensure that the proper course of action is followed? The answer is to simply look at the hierarchy of HOA governing documents within your association. Some HOA documents take precedence over others. If you don’t know which one supersedes the others, the typical rank order is shown below:

 1. Federal and State Laws and Statutes

The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether you’re drafting your governing documents or deciding which one to follow, it’s important to always check the law first. This way, you’re not acting against the laws of the land. For Arizona HOAs, the governing statutes are ARS Title 10, Chapter 24  (Nonprofit Corporations) and Title 33, Chapter 16 (Planned Communities). The latest version of Arizona law is available below in the documents section. 

 2. Recorded Map, Plan, or Plat

Next up on the HOA documents hierarchy is the subdivision plat that your developer recorded with the county recorder’s office. It’s simply the recorded plan of your entire subdivision or community. This document establishes maintenance responsibility and property location. It also shows the exact dimensions of each unit, easements, and setback requirements. 

 3. CC&Rs

The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) take the third spot on the HOA documents hierarchy. This document details the rights of homeowners and the responsibilities of the HOA board members.

Typically, the CC&Rs also contain stipulations associated with assessment obligations, maintenance responsibilities, and enforcement authority. This is also where you’ll find specific procedures on how to handle various issues such as disputes and violations.

This document guides homeowners on what they can and can’t do, particularly when it comes to property use and other aspects of HOA living. Before purchasing your home in an HOA community, you’ll be given the CC&Rs and asked to agree to them. You may even need to sign something as proof of agreement.

When a homeowner violates a covenant, certain consequences take place. Most associations send out a notice of warning on the first offense. Fines and the suspension of privileges are typical courses of action for future violations. Failure to settle these fines can eventually lead to legal action.

4. Articles of Incorporation

The Articles of Incorporation includes essential information such as the legal name of the HOA, address, and the association’s corporate status. Some articles also contain a few basic functions of the HOA. This document, while necessary, doesn’t consist of much. It’s filed with the state upon the formation of the association.

Coming in fourth on the HOA documents hierarchy means the Articles of Incorporation supersede the HOA bylaws and the operating rules. However, they don’t take seniority over the state laws or the CC&Rs. So, if something in your Articles of Incorporation comes into conflict with a provision in your CC&Rs, the latter takes precedence.

5. HOA Bylaws

The HOA bylaws consist of important information related to how the association is run. Because the HOA is a nonprofit corporation, its board of directors oversees the workings of the HOA. The bylaws simply state the particulars of how to operate the HOA, such as frequency of meetings, the process of holding meetings, terms of office, and voting rights. This document also includes how many board members there should be as well as the functions of each of those board members.

As fifth on the list, the only document the HOA bylaws prevail over is the operating rules and regulations. So, if your bylaws clash with, say, your Articles of Incorporation, you must follow the latter document. If you wish to see your HOA bylaws or any other governing document, you can request a copy from your HOA board or check with the county recorder’s office.

6. Rules, Regulations, and Resolutions

Whereas the CC&Rs and bylaws determine the procedures and responsibilities of the HOA board, the rules and regulations focus on the day-to-day aspect of operations. This can include rules regarding clubhouse use, pets, and even architectural or landscaping specifications.

These rules can change from time to time, though the board must ensure that new rules or amendments don’t come into conflict with other governing documents. Moreover, it’s a good idea to have the association’s attorney look over these policy changes to make sure the board is acting within its scope.

On the other hand, if you’re a homeowner who disagrees with one or some of the operating rules, you’re not entirely powerless. Make sure to let the board know why you (and/or others) oppose the rule. You can also check your local laws or reference other governing documents to see what else you can do. After all, every state and association is different, so what may work for one HOA might not work for another.

Other HOA Documents

Apart from the governing documents, HOAs also have many other official documents. Though these documents do not have a direct bearing on how the association is run, they are nevertheless official records of the HOA. They can provide further insight into an HOA’s operations, which can be helpful if you are a current or potential member of the community. Here are other HOA documents you need to know:

• Board Meeting Notices, Agendas, Minutes, and Committees
• HOA Board Election Notices, Ballots, Minutes
• HOA Membership List or Directory
• Insurance Policies and Records
• Vendor Bid Proposals, Contracts, Third-Party Agreements
• Legal Documents — Includes judgments, liens, and other legal records that are not subject to confidentiality agreements
• Financial Documents — Documents that establish the financial status of an HOA include account ledgers, balance sheets, annual budgets, financial statement reviews, annual audits, invoices, reserve studies, tax returns, and bank statements

Who Can Access HOA Documents?

Homeowners

Most states have laws that establish a homeowner’s right to inspect HOA documents. Based on the hierarchy, these laws will take precedence over any stipulation that you may have in your governing documents. As such, homeowners can request copies of official records for whatever purpose they may have. It may be because they are selling their property or they have concerns about how a certain covenant is being implemented in the community.

However, there is usually a procedure for requesting HOA documents — which you’ll also find in your governing documents. For instance, the association may require a written request from the homeowner. The governing documents may also include expected costs for reproducing HOA documents and a minimum number of days for the association to prepare the requested records.

Prospective Homeowners

For prospective homeowners, accessing HOA documents before buying is a must. You need to review these documents to see how the community operates and how life will be like when you join. For instance, there may be rules and regulations that would potentially restrict your personal lifestyle such as commercial vehicle restrictions, pet policies, parking rules, short-term rentals, and aesthetic standards.

NOTE: Portions of the text above was adapted from HOAmanagement.com, which is an excellent resource for HOA information and guidance.