These documents can all be found in this section of the website (use the rightmost dropdown menu above, or navigate to the next pages below). The Articles of Incorporation, Covenants, and Bylaws, with the Covenants clearly being the most important. If one is thinking of purchasing a home in an HOA community (or already live in one), such as Wheatland Hills, one should take the time to become familiar with In the event of any inconsistency between these Bylaws and the Articles, the Articles shall control and in the even of an inconsistency between these Bylaws or the Articles and the Covenants, the Covenants shall control. The 1986 amendments to the 1975 Bylaws currently in effect state (Article XIII.

Our Wheatland Hills Bylaws cover these bases. That's a bit lofty of a goal it turns out, as many people become involved over time in writing and amending these documents. How can this be handled? One way is to carefully craft all three so that contradictions just don't appear. In spite of various descriptions of the differences among Articles of Incorporation, Covenants, and Bylaws, it still happens: These three documents may have contradictions among them.

Differences between Covenants and Bylaws.

If the distinctions between Covenants and Bylaws could still use clarification, here is a source from : Understanding Differences Between Covenants and Bylaws

the duties of the various offices of the Board of Directors.

how many people are on the Board of Directors.

The Bylaws establish how the HOA operates and contain the information needed to run the HOA as a business. Thus, an HOA is governed by a Board of Directors (who are elected by the members) and a set of rules called Bylaws. Since an HOA is a legal organization established to manage a private, planned community, such as Wheatland Hills, like any such organization it must have a governing body with a set of rules to follow in governing and managing the HOA. For example, if a buyer plans to purchase and run a business in a home in a community with Covenants he or she must carefully consult the Covenants to determine the conditions, if any, under which this activity is allowed. Buyers are expected to be familiar with the Covenants and make their home purchase accordingly. In fact, most real estate transactions done through a Realtor include providing the buyer with a copy of the Covenants. In summary, it is always a good idea to become acquainted with and follow the rules of the Covenants of one's community. If you don’t abide by the Covenants, the HOA may impose penalties for any violations. For example, the Covenants may require you to keep your garage door closed or prohibit certain types of landscaping. They govern what you can, cannot, or must do with respect to your building structures, your property, common areas, and so forth. Basically, the Covenants are the rules of your neighborhood. These must also be recorded with the proper governing body, which in our case is Gallatin County (in the Clerk and Recorder's office).Īs noted above, the Covenants are a legal document that lays out the guidelines for a planned community.

A Declaration of Covenants, Conditions, and Restrictions (CC&Rs), usually just shortened to 'Covenants'.

The HOA will have its own governing documents in addition to the Articles of Incorporation in the form of If you buy a home (such as a single-family home, condo, or townhome) in any planned, covenanted community, such as Wheatland Hills, you will most likely be required to be part of a homeowners’ association (HOA), just as you are in Wheatland Hills. A discussion of Articles of of Incorporation for nonprofit entities is found here.

As such there is a legal document, called Articles of Incorporation, that provides the necessary legal description of the corporation for identification, taxation (yes, we pay an accountant to handle our income tax returns each year), and other purposes as prescribed by law. Homeowners' Associations and Articles of IncorporationĪ Homeowners' Association is a legal entity, typically set up as a nonprofit corporation. (If you are not familiar with, it is a respected website for researching legal issues, as well as finding resources for doing law on your own). Terms are often paraphrased or copied from. We hear or read the terms Homeowners' Association or HOA, Articles of Incorporation, Covenants, and Bylaws, but it may not be clear to all what they precisely mean, or what the distinctions among them are. Homeowners' Associations, Articles, Covenants, and Bylaws

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