Question By: A condo's governing documents control much of the relationship between the association and the individual members. In referring to condo documents, one may be referring to one of four different sets of legal documents.
Condominium Documents
Four types of legal “governing documents” are typically associated with subdivisions such as condominiums and planned developments: the Declaration of Covenants, Conditions and Restrictions (or “CC&Rs”), the Bylaws, the Articles of Incorporation, and the Rules.
• Declaration of Covenants, Conditions and Restrictions, or “CC&Rs”
At a minimum, the CC&Rs establish the authority of an owners association to control the property and collect dues. In most condominium projects, the CC&Rs define the boundaries of each condominium, parking space, deck etc., often by using an attached drawing of the property called a “Condominium Plan”.
• Bylaws
The Bylaws of a condominium or planned development contain the operating procedures of the homeowners association. These generally include how to call and conduct a meeting, how to vote, how to levy assessments, how to manage association business, and how to keep records.
• Articles of Incorporation
The Articles of Incorporation of a condominium or planned development exist only if a corporation is created to act as the homeowners association.
• Rules
The Rules of a condominium or planned development homeowners association generally contain more mundane regulations governing the day-to-day life of the residence.
Points when bylaws, rules, and regulations are violated:
Condo bylaws contain general guidelines for living in the association, and define what happens when association members violate the bylaws.
Here are some examples of remedies the board may take:
• charge owners fines
• enter a unit, and remove any violating structure at the owner's expense
• engage in legal proceedings to rectify, at the owner's expense
• terminate the owner's right to own
At Keough & Moody, P.C., Chicago condominium lawyers are skilled advocates for clients. If you have questions about governing documents, they can help. Contact now for a completely confidential case evaluation.
Visit https://kmlegal.com/what-are-condominium-governing-documents/ for more information.
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