What is a declaration of covenants?
The declaration of covenants, sometimes called the Declaration or Master Deed, is the foundational legal document that actually establishes an HOA. It spells out the rights, responsibilities, and restrictions attached to every property in the community, and it’s recorded with the county so it legally binds current and future owners alike.
Why does a declaration of covenants matter?
This is the document everything else in an HOA’s governance traces back to. If a rule or restriction isn’t consistent with the declaration, it likely won’t hold up, which makes this the first place to check when a decision gets challenged.
When You’ll Run Into This
Title companies and attorneys pull this document constantly during property sales, and boards usually only revisit it themselves when a dispute forces a close read of what the community actually agreed to at its founding. Our guide to understanding your governing documents is a good place to start.
