What documents govern a community association, and why are they important?
Answer:
Governing documents define the rules and responsibilities tied to ownership in a community. Subdivisions commonly rely on covenants and bylaws, while condominiums typically use a master deed and bylaws alongside the Horizontal Property Act. These documents help explain assessments, permitted uses, and association authority.
The governing documents vary with the type of community. In a subdivision of single-family homes, recorded covenants and association bylaws commonly provide the framework. In a condominium, the master deed and bylaws work alongside South Carolina’s Horizontal Property Act.
Although the documents differ, they serve a similar purpose: identifying the obligations and rules associated with ownership. Those obligations may include assessments and restrictions governing how property is used.
Owners and boards should understand the documents that apply to their community and read them together with relevant law. A community association attorney can help interpret assessment provisions, explain responsibilities, and resolve questions about the association’s authority.