The HOA CC&R is a crucial document that governs the use and maintenance of properties and the behavior of the community’s residents. Confusion often stems from differentiating it from the bylaws and the rules. While all of these govern the association, they serve distinct purposes.
What is the HOA CC&R?
Homeowners associations are governed by a set of documents, one of which is the CC&Rs. The HOA CCR meaning is: “Declaration of Covenants, Conditions, and Restrictions.”
This document is legally binding, with the association recording it with the county clerk or recorder’s office. The CC&Rs outline mandatory guidelines for property use, maintenance, and resident behavior. It consists of architectural standards, parking rules, pet policies, and the like. Owners must follow these or risk facing penalties, which are also defined in the document.
A condo CC&R works similarly, but Virginia law is more specific about what the declaration must contain. According to Section 55.1-1916 of the Condominium Act, at a minimum, the declaration of a condominium must include:
- Basic information about the condominium, including its name, address, description, unit boundaries, ownership percentages, and common elements,
- Extra information if the developer can build more units later (convertible land),
- Information on whether the condominium can expand,
- Additional information on whether land can be removed (contractable condominium),
- Leasehold condominiums, and
- Easements and shared land.
HOA CC&R vs HOA Bylaws vs HOA Rules
The HOA CC & Rs, bylaws, and rules are all part of an association’s governing documents, but they are not the same.
- CC&Rs. This is the association’s main governing document. These tend to focus on property use and obligations of both the association and its owners. They explain what owners can and can’t do with their homes and lots. Additionally, they define the HOA’s authority to enforce rules, collect dues, and more.
- Bylaws. These outline the association’s operational guidelines. They tend to focus more on governance, defining board size, officer roles, election procedures, voting rights, quorum rules, and meeting requirements. They discuss the board’s powers and duties.
- Rules. The rules and regulations, also known as operating rules, exist to implement and expound on the CC&Rs. They provide day-to-day guidelines that make it easier to enforce the CC&Rs. Examples include pool hours, trash procedures, amenity reservation policies, and more.
These documents follow a hierarchy. The CC&Rs have the highest authority, with the bylaws and rules following thereafter. This means that if a rule conflicts with a provision in the CC&Rs, the latter takes precedence.
Does State Law Override CC&R HOA?
Federal, state, and local laws hold the highest authority, overriding even the HOA CC&R. If a restriction in the CC&Rs contradicts a state law, that restriction becomes invalid.
For example, in Virginia, homeowners have the right to access the association’s books and records under Section 55.1-1815. If an HOA completely prohibits any kind of access, that would be unlawful. Except for privileged or confidential information, association boards are generally required to allow owners to inspect records.
Understanding the law is not always easy. Couple that with the interpretation of governing documents, and volunteer board members may inadvertently break the law or the rules. When in doubt, it is best to seek advice from a legal professional or an HOA management company.
How do I Find CC&Rs for My Property?
Homeowners have a right to inspect and copy the association’s governing documents, including the CC&Rs. When faced with this question, board members must know how to direct owners to the proper channels.
Upon Purchase
Buyers receive a copy of the governing documents when they first purchase a home in the community. These are typically included in the disclosure documents, but the HOA can also supply a copy as part of the welcome packet.
Generally, buyers examine these documents before finalizing the transaction. This gives them a chance to review the association’s policies and back out of the sale if they don’t think it’s a good fit. If a seller fails to provide these documents, buyers should ask for them directly.
Public Records
Associations are generally required to file their CC&Rs with the county, making them a public record. Owners can head to the county clerk or recorder’s office to ask for a copy.
That said, the bylaws and rules are different. There is no requirement to record the bylaws with the county, but most communities do it anyway to support enforceability. Rules, on the other hand, are not recorded because they change more frequently.
Community Website
If an association maintains a website, owners can usually access the governing documents through the resident portal. Boards would be wise to publish the latest versions of their CC&Rs, bylaws, and rules online to make them easier for owners to access.
Formal Request
If the above options aren’t available, homeowners may submit a formal letter to the board or HOA manager, requesting access to the governing documents. Virginia law specifies that members in good standing may ask to inspect or copy the association’s books and records, including the CC&Rs, bylaws, and rules (Section 55.1-1815).
Keep in mind that the association may charge a reasonable fee covering the cost of materials and labor. That said, the board must adopt a cost schedule in accordance with this.
Amending CC&Rs, Bylaws, and Rules
Every now and then, an association will need to amend its governing documents. Common reasons include updating obsolete provisions and complying with statutory changes. Boards must follow the specific procedures and requirements for amendments.
How to Amend HOA CC&R
According to Section 55.1-1829, an HOA must seek membership approval for amendments to the CC&Rs. A two-thirds vote is required, unless the CC&Rs themselves indicate a different threshold. The required number of owners must sign the amendment or its ratifications.
After that, the board must record the amendment with the county land records. Only then will it take effect. If anyone wishes to challenge the amendment, they must do so within one year after the effective date.
Similar provisions exist for condominiums under Section 55.1-1934. Amendments to the CC&Rs require a two-thirds vote from the membership, but certain changes require 100% approval. These include amendments to:
- Unit boundaries,
- A unit’s percentage interest in common elements,
- A unit’s share of common expenses, and
- The voting power of a unit.
How to Amend HOA Bylaws
Unlike the HOA CC&R, Virginia law is silent on approval requirements for amending the bylaws. Instead, board members must refer to the bylaws themselves for guidelines.
That said, the bylaws often require a membership vote as well. Since amendments will fundamentally change an association’s operations, it is only right that all members have a say.
How to Amend HOA Rules
Amending the rules is a much simpler process. Generally, rule changes require only a board resolution (i.e., board approval). They don’t require a membership vote. Still, boards should check their governing documents for the specific process and conditions.
Integral to the Association
The HOA CC&R plays an essential role in community governance, but so do the bylaws and rules. Boards must understand how these documents differ and work together. In doing so, they can ensure their actions and decisions align with the association’s provisions.
National Realty Partners is a leading provider of HOA management services in Virginia. We can help your board manage and enforce the rules. Call us today at 703-435-3800 or request a proposal online!
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