HOA Governing Documents
Our homeowners association has three types of governing documents that are legally binding on all homes within the community:
- Covenants, Conditions & Restrictions (called “CC&Rs”)
- Bylaws
- Rules & Regulations
- Resolutions
Covenants, Conditions & Restrictions (CC&R’s)
The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is a document stating the division of power along with the rights and responsibilities between the HOA and its members. CC&Rs usually contain provisions related to assessment obligations of its members, association and member maintenance responsibilities, architectural control powers, association enforcement authority, dispute resolution, property use restrictions, and insurance requirements.
Amending the CC&Rs in most cases requires a vote by the membership.
Click to view our Governing Documents
Declaration of the Covenants, Conditions and Restrictions, and Bylaws (Adopted 11/2013)
1st Supplemental Declaration to the CC&Rs – Addition of Phase 2 property (Adopted 2/2014)
2nd Supplemental Declaration to the CC&Rs – Addition of Phase 3 property (Adopted 2/2014)
3rd Supplemental Declaration to the CC&Rs – Addition of Phase 4A property (Adopted 10/2015)
4th Supplemental Declaration to the CC&Rs – Addition of Phase 5 property (Adopted 10/2015)
5th Supplemental Declaration to the CC&Rs – Addition of Phase 4B property (Adopted 01/2017)
6th Supplemental Declaration to the CC&Rs – Addition of Phase 4C property (Adopted 08/2017)
7th Supplemental Declaration to the CC&Rs – Addition of Phase 6 property (Adopted 02/2019)
Amendment of the CC&Rs – Common area and airport noise declarations added (Adopted 4/2014)
Amendment 1 of the CC&Rs – Signs, Fences, Outdoor drying Use Restrictions (Adopted 8/2014)
Amendment 2 of the CC&Rs – Maintaining existing bike paths (Adopted 10/2014)
Amendment 3 of the CC&Rs – Developer rights extended to other Builders (Adopted 6/2015)
Amendment 4 of the CC&Rs – Updated ARC Guidelines (Adopted 9/2016)
Amendment 5 of the CC&Rs – Annexation of Long Property (Adopted 4/2018)
*Note: While we make every effort to ensure these documents are up to date, these are not a substitute for the full, recorded copy of the governing documents filed with the Orange County Comptroller.
Bylaws
The Bylaws are terms that define how the HOA is going to function as a corporation. Bylaws can name who will be directing certain aspects of the HOAs responsibilities. Bylaws will determine the number of their directors, frequency of elections, and any other procedures that are specific to the HOA.
The provisions in the bylaws overrides only those in the operating rules, in case of conflict. Aside from the operating rules, all the other governing documents have precedence over the bylaws.
Like CC&Rs, Bylaws generally require a vote by the membership to amend.
Click to view our Bylaws
Reserve at Sawgrass Homeowners Association – Bylaws (Adopted 11/2013)
*Note: While we make every effort to ensure these documents are up to date, these are not a substitute for the full, recorded copy of the governing documents filed with the Orange County Comptroller.
Rules & Regulations
The Operating Rules & Regulations are developed by the board of the HOA to determine how the day-to-day procedures will operate in the HOA. Topics of these rules can range from architectural specifications, collection policies or pool rules. Generally, the rules and regulations will be the lowest in the hierarchy of HOA governing documents.
Amending of the rules & regulations generally done by a vote of the Board of Directors.
Click to view our Rules & Regulations
Community Amenities COVID-19 Rules (Adopted 12/2020)
Resolutions
Boards adopt rules and regulations. They must be consistent with the declaration, the bylaws, and state law. Rules are usually recorded at a board meeting in the form of a motion called a policy resolution. Making and enforcing rules are important responsibilities for boards that must be undertaken with care.
In addition to policy resolutions, boards will also adopt administrative, special, and general resolutions. These resolutions specify how the association should operate. All members should familiarize themselves with all association resolutions along with the other governing documents.
Amending and adoption of the resolutions are done by a vote of the Board of Directors.
Click to view Adopted Resolutions
Resolution #2020-01 Professionalism Pledge (Adopted 12/16/2020)
Resolution #2020-02 Procedures Regarding Homeowners Association Board And Membership Meetings (Adopted 12/16/2020)
Resolution #2020-03 Board Email Addresses And Related Policies And Procedures (Adopted 12/16/2020)
Resolution #2020-04 Board Communications With Members And Social Media Use (Adopted 12/16/2020)
Resolution #2020-05 Collection Policy (Adopted 12/16/2020)
Resolution #2020-06 Inspection And Copying Of Association Records (Adopted 12/16/2020)
Resolution #2020-07 – Electronic Voting Resolution (Adopted 1/15/2021)