New association client? Congratulations! Here’s a list of documents you need in order to serve your associations with distinction.
A complete copy of the association’s governing documents. Your attorney can usually assist you in obtaining recorded documents, such as amendments to CC&Rs and Declarations of Annexation. If some of these documents are missing, contact the association’s legal counsel regarding recommended steps. The governing document package includes:
- The recorded, effective Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) and all amendments
- Make sure the CC&Rs are: (1) recorded; (2) signed; and (3) have all exhibits attached (check text of CC&Rs for references to exhibits)
- Any Declarations of Annexation
- Declarations of Annexation are documents that are recorded when developments are developed in phases
- Declarations of Annexation make homes within subsequent phases subject to the CC&Rs
- Bylaws and all amendments
- Ensure the Bylaws are signed
- Articles of Incorporation (provided the association is incorporated) and all amendments
- Ensure the Articles of Incorporation are: (1) signed and (2) filed and endorsed by the Secretary of State
- Election rules
- If an association has not adopted election rules, get election rules drafted and adopted right away
- All operating rules of the association (including architectural rules or guidelines, parking rules, any schedule of fines, etc.)
Remember these other important documents:
- All board and annual meeting minutes
- Most recent Annual Budget Report and Annual Policy Statement and any other annual disclosure information provided to the members
- Maintenance manual (check CC&Rs to see if one exists or should exist)
- Assessment collection policy (if not contained in the Annual Policy Statement)
- Dispute resolution policy (if not contained in the Annual Policy Statement)
- Complete condominium plan (often attached as an exhibit to the CC&Rs) if a condominium project
- Subdivision map or maps if a planned development
- Most recent reserve study
- Most recent budget (at least; more if possible)
- List of current key vendors (e.g., CPA, attorney, collection company, landscapers, maintenance company, security company) and contact information for each
- Copies of current contracts with key vendors
- Complete membership list, including any alternate or secondary address to which notices from the Association are to be delivered, legal representatives in case of an extended absence, and the occupancy status