In the context of homeowners associations (HOAs), the individual or entity creating the HOA is the original developer of the property. This party establishes the HOAs governing documents, including the declaration of covenants, conditions, and restrictions (CC&Rs), which lay out the rules for the community. For example, a real estate development company building a new condominium complex would typically be the entity filing the initial declaration establishing the HOA. This declaration acts as the foundational legal document for the HOA.
Understanding the role of this initial creator is critical for homeowners. The initial governing documents established by this party outline the rights and responsibilities of both the HOA and the individual homeowners. These documents impact property values, usage restrictions, and the overall quality of life within the community. Historically, this structure provided a mechanism for planned communities to maintain consistent standards and aesthetic appeal. Understanding the origin and purpose of these foundational documents allows homeowners to navigate community regulations effectively and participate more actively in their HOA.
