Home Owners Association?
Are Covenants and Restrictions the same thing as bylaws? If not what is the differance.
Answers:
No. They are two of the four different sets of governing documents in a homeowners association. The documents are: 1) The Declaration of Covenants, Conditions, and Restrictions ("Declaration," hereafter); 2) The Articles of Incorporation; 3) The Bylaws; and, 4) The Rules and Regulations. Generally, here is how it works:
The Declaration is the most powerful of the documents. It describes what may be done with an individual lot and the community's collective property (the "common areas"). It also tells how to enforce its own terms.
The Articles of Incorporation is the document that creates the not-for-profit corporation that runs the community, more commonly known as the "Association."
The Bylaws tell how the corporation itself is run, as well as how the board of directors and the various committees are run.
The Rules and Regulations are just that; the rules about how various things are done in the community. "No glass containers in the pool area," "people must pick up after their dogs," "all trash must be deposited in 35 gallon trash cans before being placed at the curb," etc.
It varies from community to community, but that is the very short version of it all.
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