| Document | Description |
|---|---|
| AVVA Articles of Incorporation | Often called "the articles," these are typically short documents that set the name of the Home Owners Association (HOA), assert that it is a nonprofit mutual-benefit corporation and identify its initial agent, the individual authorized to receive legal notices on the HOA's behalf |
| AVVA By-Laws | By-laws are official rules which an association or governing body adopts. They are often written in legal language. (Association’s operating manual) |
| AVVA Covenant Agreement | A covenant can be written by a single person or an association/governing body. It's considered a contract, or agreement, which two or more people agree to honor |
| Maine Nonprofit Corporation Act, Title 13-B | This is the governing legislation which defines the rules and regulations for nonprofit corporations in the state of Maine |
The following are important notes about understanding the differences between the association’s covenant agreement and by-laws:
Voting:
By-laws must be voted in by the association or governing body, usually by a majority vote (50 percent plus one). A covenant, on the other hand, is not voted on. A person involved in the agreement signs the covenant to show his approval and acceptance of the rules it contains.
Legal Importance:
Since by-laws become a type of law for the association or governing body once adopted, the rules and guidelines listed in a set of bylaws trump any listed within covenants. For example, an HOA cannot vote in bylaws but then agree to a covenant that violates any section of the bylaws.
Expressed or Implied:
By-laws are always written (expressed), but covenants can be either expressed or implied (the agreement is not explicitly stated). However, only written covenants can be enforced by law. Unwritten covenants are not considered official.