The original governing documents set everything in motion for an HOA, long before the community looks like anything more than a plan on paper. These documents shape how the association behaves and what the board must enforce once real people move in. They form the foundation, and it is essential to know how boards can change them.
What are the Original Governing Documents?
The original governing documents are created when a new HOA or condominium community forms. They do not wait for owners, and they do not appear one at a time.
They arrive as a set, right at the beginning, because the association needs structure before any building is finished. The whole neighborhood ends up living inside the boundaries these documents create.
They define who controls what, how dues are collected, which areas belong to the association, and which responsibilities fall to the owners. On the other hand, each document affects the community differently. Some influence daily life, while others sit in the background until a dispute forces the board to pull them out.
- Community Plat. The community plat lays out the property’s entire design. The plat tells the board exactly where responsibilities begin and end.
- CC&Rs (Covenants, Conditions, and Restrictions). Also known as restrictive covenants, these outline everything from use restrictions to obligations tied to each property. When it comes to maintaining the look, feel, and structure of the association, the CC&Rs always lead the discussion.
- Articles of Incorporation. The articles of incorporation create the HOA as a real corporate entity. The developer files them with the state so the association can function legally, sign contracts, and operate as a nonprofit corporation.
- Bylaws. The bylaws explain how the board must run the association from the inside. These include information on elections, meetings, director roles, voting rules, appointment procedures, and committee formation.
- Rules and Regulations. These cover the day-to-day realities of living in a community. They expound on the CC&Rs and can include everything from parking limits and trash rules to quiet hours and pet restrictions.
Who Creates the Original Governing Documents?
The developer creates the original governing documents long before the community feels like a community. Typically, the developer hires attorneys to draft and revise them, shaping the entire structure of the neighborhood.
Developers choose the restrictions, establish architectural controls, define maintenance responsibilities, and outline how the board must operate in its first version. Once homeowners take control, they inherit the documents exactly as written, but they can amend them.
Should the Original HOA Docs be Recorded?
Some documents must appear in public records, while others do not. This creates confusion for new boards, but the distinction matters.
The plat must be recorded because it shows legal boundaries. The CC&Rs must also be recorded because they bind future owners and must appear in the public record to stay enforceable. Finally, the articles of incorporation must be filed with the state to create the HOA legally.
Bylaws do not need to be recorded publicly because they govern how the association operates internally. That said, some do require the recording of the bylaws. Rules and regulations also remain unrecorded because the board can modify them as necessary.
Can You Amend the Original Governing Documents?
Associations can amend original governing documents, but the process can vary. Sometimes, the process can feel more complicated than expected.
The CC&Rs usually require a high voting percentage to amend, sometimes two-thirds or more. These changes move slowly because CC&Rs affect property rights. On the other hand, bylaws tend to be more flexible, and many communities allow simpler votes to modify them.
Rules and regulations remain the most flexible. The boardย may adopt or revise them byย board resolution, provided the rules do not conflict with the CC&Rs and state laws. The board must also follow all notice procedures.
Additionally, the board can amend the articles of incorporation, too. That said, the board must file the amendments with the state. These changes usually address structure rather than minor internal issues.
In the end, amendments keep the community functioning as it evolves. This is because no set of documents can remain unchanged without becoming outdated or confusing.
How to Amend the Original Governing Documents After Transition
After the developer leaves, the board may make amendments. Of course, the board must handle this process from start to finish. Failure to follow the requirements and procedures can render the changes void.
Here’s how boards can amend their documents after the developer transition.
1. Identify the Need for the Change
The board must first review complaints, outdated language, vague rules, or legal concerns, and then decide what must be updated. On the other hand, some changes come from simple practical issues that never appeared during development.
2. Check the Amendment Rules
Every document sets its own voting thresholds and notice requirements. The board must read those clauses carefully because a mistake here can make the amendment invalid.
3. Draft the Amendment
The next step is to draft the amendment with the help of legal counsel. This ensures that the amendments fit with everything else and don’t conflict with any applicable laws.
4. Send Notice and Ballots
The board should then send the official text, the summary, and the ballot to all homeowners. The notice window must match the governing documents. Providing notice gives homeowners enough time to review everything before casting a vote.
5. Collect and Count Votes at a Meeting
The board should then collect the ballots and count them at a properly noticed meeting. In Texas, Section 209.0041 of the Property Code requires a 67% affirmative vote to pass an amendment to the CC&Rs.ย After that, the board must record the results.
6. Finalize and Record the Amendment
If the amendment passes, the board can proceed with signing it. If necessary, the board should also record the amendment with the county or state. Some amendments do not require recording, but many do.
7. Update and Distribute
Finally, the board can distribute the updated document. Board members should also adjust the rules, forms, and policies affected so that everything matches.
Changes After Transition
The original governing documents create the legal and practical structure every HOA depends on from day one. They define what the board must enforce and how the community must operate. While the developer crafts the original documents, homeowner-controlled boards can amend them after the turnover period.
Graham Management offers exceptionalย HOA management servicesย to Houston communities. Call us today at (713) 334-8000,ย request a proposal, orย contact us onlineย to learn more.
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