This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Property Owners Association Bylaws With Secretary Of State In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-00444
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Word;
Rich Text
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FAQ
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
Most HOA documents are public record, including governing documents. Some states only require the HOA to make certain documents public, while others can be kept confidential.
You can contact your local government office for assistance. For example, you can visit the California Attorney General's HOA Consumer Information page for more details. Online Databases: There are online databases and resources that compile HOA documents.
CC&Rs (covenants, conditions, and restrictions) regulate everything from exterior appearance to pets. HOAs have many legal powers, including the ability to impose fines, place liens on properties, and, in some cases, initiate foreclosure proceedings.
The main difference is that covenants dictate property-related restrictions, while bylaws govern how the HOA operates — things like board elections, meeting procedures, and voting rights. Because covenants are recorded with the property deed and tied to real estate law, they generally hold more weight.
HOA: Manages amenities and common areas within the confines of a particular community, which may include parks, pools, or clubhouses. POA: Often oversees larger-scale amenities, such as golf courses, recreational facilities, or expansive common areas that serve multiple neighborhoods.
Simply put, homeowners association bylaws dictate how an HOA should run. Since HOAs are considered corporations under law, albeit non-profit, they require bylaws to govern day-to-day operations. HOA bylaws are also sometimes referred to as neighborhood association bylaws or subdivision bylaws.
Subdivisions with homeowners' associations established after Jan. 1, 1999, are governed by the North Carolina Planned Community Act found in Chapter 47F of the North Carolina General Statutes. However, no state or federal agency oversees homeowners' associations.
Simply put, homeowners association bylaws dictate how an HOA should run. Since HOAs are considered corporations under law, albeit non-profit, they require bylaws to govern day-to-day operations. HOA bylaws are also sometimes referred to as neighborhood association bylaws or subdivision bylaws.
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.
