Where to Find Your Community's Important Documents
Every community is governed by a set of documents that define the authority of the association and detail what board members and residents can and cannot do. Usually drafted by attorneys and hundreds of pages long, governing documents are complex and may be challenging to decode. However, understanding the information within the governing documents is crucial to a successful community living experience.
Read on to learn more about governing documents, governing document hierarchy, how to find community information, and more.
What are Governing Documents?
In short, governing documents are legally binding documents that explain how a community is governed. They set expectations for residents, board members, and vendors and establish how the community is run. Designed to promote harmony, offer guidance, and maintain consistency, all residents are required to abide by and thoroughly understand their community’s governing documents. Failure to comply may lead to violations and other consequences.
Governing Document Hierarchy
While every association is different, the following are typically included in governing documents and arranged in this hierarchy:
- Federal and provincial laws. Laws and statutes passed by federal or provincial authorities are most important and above any community documents.
- Bylaws. The formal rulebook for the community's day-to-day management, bylaws establish how the association is governed and more.
- Rules and Regulations. Additional restrictions that help reinforce the bylaws, the rules and regulations may include guidelines related to fences, parking, amenities, pets, and more.
How to Find Governing Documents
All governing documents, including any rules and regulations, are typically provided to homeowners at the time of closing. However, these forms can sometimes go missing. Here’s how to find governing documents and how to find community information:
- Go to Your Association's Website
In today’s day and age, communities are taking advantage of technology and using digital platforms, like community websites, to communicate, attract residents, and share information. Website requirements and restrictions vary by location, but many associations make their community governing documents and other forms available on their website. In fact, some provinces actually require this within their statutes.
2. Research Public Records
Because most governing documents must be filed with one or more governmental entities, many documents are public records and can be purchased for a small fee through your local government offices. Keep in mind that every province is different, and some records are considered confidential, so access may be denied without a court order.
3. Reach Out to You Title Company or Real Estate Agent
Governing documents detail the living standards of a community and should be provided and reviewed by any new homebuyer before closing. That means the title company or real estate agent who oversaw your property purchase, buying process, and final transaction should have and be able to give you a copy of your governing documents.
4. Call Your Management Company
Many managed communities partner with a third-party professional management company to help fulfill board tasks and daily responsibilities. These companies can help with financial management, meeting planning and oversight, vendor contracts, maintenance, and more. Due to their industry knowledge and partnership with your community, you’re often able to purchase a new set of documents directly through their office or at least get guidance on how to accomplish this task.
5. Ask a Board Member
As elected community leaders, board members should be well-versed in governing documents and know exactly where to find them. They should actively encourage familiarity with governing documents to foster transparency, prevent conflicts, and support education. If board members have made themselves available to you, reach out and inquire about obtaining your governing documents.