Documents every director should obtain

The four documents that create your authority

Every association runs on a stack of documents, and they do not carry equal weight. At the top sits the recorded declaration, often called the CC&Rs, which creates the association and the restrictions that bind every owner's property. Below that sit the articles of incorporation, which establish the association as a legal entity. Below that sit the bylaws, which govern how the board itself operates, meetings, elections, officer duties. At the bottom sit board-adopted rules and regulations, the easiest layer to change and the one that implements everything above it for day-to-day matters.

If you only get one document in your first week, get the declaration. It is the source of the board's authority, and a bylaws-only packet cannot substitute for it.

The exact order, and how hard each layer is to amend, depends on your state's statute and your association's own documents. Ask the association's attorney to walk you through your specific hierarchy rather than assuming this general structure applies exactly.

What the official record book should include

Beyond the four governing documents, associations are generally expected to maintain a broader set of records, plans and warranties for common-area work, copies of the governing documents themselves, and more. Florida law spells out a specific list for its HOAs:

"The association shall maintain copies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace... a copy of the bylaws of the association and of each amendment to the bylaws; and a copy of the articles of incorporation of the association and of each amendment thereto."

Source: Florida Statutes, section 720.303, Florida Legislature

The full statutory list is longer, and it is Florida's list specifically. Your state may define a different or shorter set of required records. Treat it as a baseline checklist of what a well-run association should be able to hand you, and confirm the exact list your state requires.

Recent operating records worth requesting

Governing documents tell you what the board can do. Recent records tell you what the board has actually been doing. Ask for the last twelve to twenty four months of minutes, the current financial statements and budget, active insurance certificates, the most recent reserve study, and copies of any active vendor or management contracts. Later lessons in this Course go deeper on each of these.

You generally have a right to inspect these records, though the details of that right, how far back it reaches and how quickly a request must be answered, vary by state:

"the official records must be maintained within this state for at least 7 years and be made available to a parcel owner for inspection or photocopying within 45 miles of the community... within 10 business days after receipt."

Source: Florida Statutes, section 720.303, Florida Legislature

The 7 year retention period and 10 business day response window are Florida's figures. Other states set their own retention periods, response windows, and inspection rights, and some may not codify the right at all. If a manager or outgoing director is slow to produce records, ask what your state's records statute actually requires before assuming either party is right.