What is in the Articles of Incorporation and the Bylaws?
The Articles of Incorporation or “Articles” are usually short and often contain only the name of the homeowners association, the name of the association’s initial agent for the service of process (the person authorized to receive legal notices), and a statement that the association is a nonprofit mutual benefit corporation. Sometimes the Articles also include language about voting, directors, amendments, and dissolution of the association. Articles are required only when an association is incorporated. (Unincorporated associations sometimes have Articles of Association, but these are not required.) . Articles are prepared by the developer’s attorney, reviewed by a government agency (unless the project has fewer than five units or lots), and filed with the secretary of state. For additional information, see Corporations Code §§7130-7132. The Bylaws describe the mechanics of association decisionmaking and management.
Related Questions
- How can I obtain the Association Documents (Master Deed, Bylaws, Articles of Incorporation and Covenants Conditions and Restrictions)?
- Can a committee make changes to the Bylaws, Articles of Incorporation or make other substantial changes to the organization?
- What is the difference between bylaws and articles of incorporation?
