Your Declaration & Bylaws combine to complete the first leg of your governing documents triumvirate.

Common interest community declarations are recorded by county governments and often incorporate state statutory language verbatim to form the foundation of every association's governing documents. Bylaws partner with your declaration to establish internal governance procedures and may also incorporate direct statutory references and/or verbatim language excerpts. If your declaration & bylaws were a Scrabble board, every single piece that's played must follow the overall structure they create. Articles of incorporation are not discussed here because their critical role allowing the formation of a corporation rarely influences the outcomes thereafter.

EXAMPLES: What's in the Declaration?

• Formation of the association

• Allocations of interest, often divided into percentages of common elements (CE) and residential limited common elements (RCLE)

• Powers of the Board and of the association

• Exhibits that demarcate components, define responsibilities and references to the survey map and plans

• Procedures for requesting approving alterations

• Rubric for defining and approving capital improvements

• Surplus funds

• Disclosure

• Unit Access

EXAMPLES: What's in the Bylaws?

• Basics for all meetings of the association including members / owners, the Board and committees (quorum, place & time, notice, etc.)

• Basics for your Board of Directors and committees (who can serve, term limits, elections, removals, vacancies, officer roles, etc.)

• Ethics clause (highly recommended! View our Ethics and Confidentiality pages)

• Communications Policy (read Bylaws Words of Wisdom)

>>> READ: ENFORCING GOVERNING DOCUMENTS <<<