UNDERSTANDING YOUR HOA’S GOVERNING DOCUMENTS
PRESENTED BY
NICOLE ZAITOON
ALLIED HOA MANAGEMENT
GRANT NEIDENFEUHR
CAGLE PUGH
AGENDA
1
2
3
4
5
Types and purposes of each governing document
Hierarchy of governing documents
Updating and amending
Locating documents
Best practices
YES
Do you live in a community with a mandatory HOA?
NO
POLL 1
YES
Are you a board member of your HOA?
POLL 2
NO
PURPOSE OF EACH DOCUMENT
PLAT
DECLARATIONS
ARTICLES OF INCORPORATION/CERTIFICATE OF FORMATION
BYLAWS
Establishes the location of lots, common areas, and streets.
Legally documents the entity and its purpose with the Office of the Texas Secretary of State.
Creates deed restrictions and the homeowners association along with its powers and duties.
Corporate governance.
RULES/ RESOLUTIONS/
& POLICIES
Gap fillers and updates.
Board Rules &
Resolutions
Articles of Incorporation
Bylaws
Declaration, CC&R
Recorded Plat
Federal & State Law
HIERARCHY OF DOCUMENTS
COMMON STATE LAW
TEXAS UNIFORM CONDOMINIUM ACT
TEXAS CONDO ACT
CHAPTER 207 OF THE TEXAS PROPERTY CODE
TEXAS NONPROFIT CORPORATION LAW
CHAPTER 202 OF THE TEXAS PROPERTY CODE
CHAPTER 209 OF THE TEXAS PROPERTY CODE
CHAPTER 22 OF THE TEXAS BUSINESS ORGANIZATIONS CODE
GOVERNING DOCUMENTS
What prevails if the governing documents conflict with state law?
QUIZ 1
STATE
LAW
HOW TO UPDATE AND AMEND
1
2
3
4
5
Board v. Homeowner approval
Open meetings with proper notice
Record them with the county
Notify homeowners
Make accessible for future viewing
WHERE TO FIND THEM
COUNTY REAL ESTATE RECORDS
MANAGEMENT CERTIFICATE
RESALE CERTIFICATE
ASSOCIATION/MANAGEMENT COMPANY WEBSITE OR PORTAL
BYLAWS
Where do you find meeting quorum requirements?
QUIZ 2
CC&R’s
BYLAWS
Where do you find landscaping standards?
QUIZ 3
CC&R’s
BYLAWS
Where do you find board members authority?
QUIZ 4
CC&R’s
YES
Does a bylaw amendment require a homeowner vote?
QUIZ 5
NO
YES
Does a CC&R amendment require a homeowner vote?
QUIZ 6
NO
YES
Does an updated collection policy require a homeowner vote?
QUIZ 7
NO
BEST PRACTICES
Read your governing documents in their entirety
Review your governing documents before meetings so the provisions are fresh in mind
Look at the relevant specific language when making important decisions
Consult applicable law provisions
When in doubt, ask!
CONTACT US
Scan to sign up for a copy of this presentation
Nicole Zaitoon
Allied HOA Management
(817) 200-7606
nicolez@alliedhoamgmt.com
www.alliedhoamgmt.com
Grant Neidenfeuhr
Cagle Pugh
(469) 676-4022
grant.neidenfeuhr@caglepugh.com
www.caglepugh.com
THANK YOU!!!