Four types of legal “governing documents” are typically associated with subdivisions such as iniums and planned developments: the Declaration of Covenants, Conditions and Restrictions (or “CC&Rs”), the Bylaws, the Articles of Incorporation, and the Rules.
Generally speaking, the declaration is the document that creates the inium. The bylaws spell out the day-to-day operations of the association. If your association is more than 10 years old and the bylaws have remained unchanged, board members may want to consider making updates.
In a condo association, each condo owner is a member of the association and they're the sole owner of their individual unit's interior. Each condo owner also has joint ownership of shared areas. These include lobbies, parking garages and amenities such as swimming pools, fitness facilities, tennis courts and dog parks.
Bylaws set forth how the condo association will operate including how and when meetings are held, how directors and officers are elected, the powers of the board of directors, insurance requirements, and maintenance responsibilities.
Ultimately, one of the main purposes of a condo association is to ensure your safety and convenience, as well as that of the other unit owners and residents in your complex or building. Another objective is maintaining property values so the community continues to be a good investment.
The inium bylaws govern the structure and operation of the association. They contain information regarding board meetings, elections, board terms, voting procedures, and the like. The bylaws are more about the management of the association than the rules that govern it and its members.
The Declarations define the use and occupancy rules of the units and common areas. Condo bylaws outline the remedies for breach of these rules.