The underlying document of a property owners association, apart from state law, is the Declaration, also referred to as Covenants, Conditions, and Restrictions (CC&Rs). The Declaration is the constitutional law of the association. The Declaration defines the limits and inclusions of ownership for the owners and the association. As a legal entity, the association is better prepared to pursue certain business needs, such as entering contracts, raising funds, filing liens, and collecting fees in a foreclosure.nThe Declaration may contain:

  • Definitions of the physical elements of the property
  • The method for determining the share of interest in the common area for each property owner
  • A list of the responsibilities for the association and individual owners and permitted uses of common areas and individual units
  • Responsibilities for the care of the association and the common areas
  • Restrictions on the use or enjoyment of properties in the association and common areas
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