Governing documents
Declaration
The recorded master document that creates the HOA, sets the dues framework, and binds every lot in the community.
Also called: Declaration of Covenants · Master Deed · Master Declaration
What it means
The Declaration is the foundational recorded document for almost every HOA. It defines the boundaries of the community, identifies the common areas, sets the framework for assessments, and establishes the rules by which the community is governed. In most modern documents, the Declaration is the same instrument boards refer to as the CC&Rs. Because the Declaration is recorded with the county recorder's office, it runs with the land — every owner in the community is bound by it from the moment they take title, without having to sign anything. Amending the Declaration is intentionally hard: most documents require approval by a supermajority of owners (commonly 67% or 75%) plus, in some cases, lender consent.
Why it matters
When the Bylaws and the Declaration conflict, the Declaration wins. When a board's Rules conflict with the Declaration, the Declaration wins. It is the highest-authority document in the HOA's hierarchy and the first place any dispute should be checked.
Example
A board wants to add a parking restriction by Rules amendment. If the Declaration is silent on parking, the Rules might be enforceable. If the Declaration explicitly grants owners the right to park any registered vehicle in their assigned space, the Rules are likely unenforceable until the Declaration itself is amended.
This definition is general orientation, not legal advice. Specific questions about your association should be routed to your attorney or a state-statute resource.
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