Which document should be reviewed to understand an association's responsibilities?

To effectively understand an association's responsibilities, reviewing the declaration is crucial. The declaration, also known as the declaration of covenants, conditions, and restrictions (CC&Rs), outlines the fundamental nature and purpose of the community. It details the rights and obligations of both the association and its members, including maintenance responsibilities, use restrictions, and other operational guidelines essential for governance.

The declaration serves as the foundational legal document that governs the association and establishes the framework within which it operates. This includes aspects such as assessments, maintenance duties, and enforcement of community standards, which are key to the association’s responsibilities toward its members and the governance of the property.

While the operating agreement, maintenance policy, and bylaws may play significant roles in the association’s operation, they do not provide the comprehensive overview of responsibilities that the declaration does. The bylaws typically focus on the rules for the internal governance of the association, while the maintenance policy outlines specific maintenance procedures, neither of which encompass the holistic responsibilities defined in the declaration.