Note: These documents apply to both Seven Oaks Condominiums and Single Family Homes. Condominiums are considered sub-associations to the master association and have in addition, their own governing documents. To view, click Condos in the main menu bar above.
The California Civil Code defines Governing Documents as all documents that govern a Common Interest Development (CID) such as Seven Oaks. The Civil Code also affords the various levels of Governing Documents an order of authority/or importance listed in order below:
The Davis Stirling Common Interest Development Act is the primary California Law that governs the actions of Common Interest Developments such as Seven Oaks Community Center, Inc. In addition, sections of the California Civil Code, Corporations Code, and other laws generally take precedence over the Association’s documents unless the Law specifically gives precedence to specific portions of the Association’s documents.
Covenants, Codes and Restrictions (CC&Rs) are the primary governing documents of the Association. Just as with the US Constitution, changes to CC&Rs are not taken lightly; therefore, they are very difficult to change, may take up to 2 years or more, and may place a substantial financial burden on the Association. The Declaration of Covenants, Conditions & Restrictions define the obligations of the membership to the association and vice versa. CC&Rs generally cover restrictions on the use of property, member and association maintenance duties, enforcement powers for failure to conform, duty to pay assessments or face penalties, duty to insure, and dispute resolution. All property owners in Seven Oaks are bound by the CC&Rs.
Articles of Incorporation
Articles of Incorporation declare that the Seven Oaks Community Center, Inc. is an association formed to manage the common interest development. The Articles also states the official name and address of the Association. Articles of Incorporation are filed with the Secretary of State.
Bylaws establish the policies and procedures of an association. They set such things as qualifications for directors, how many directors, terms of office, elections, their powers and duties, meeting requirements, committee appointments, etc.
Rules & Regulations
Rules and regulations apply to the operation, management, business and other affairs of the Common Interest Development. Civil Code §4355 defines "Operating Rules" as a rule or regulation that applies to things like use of the common area (such as Community Center Rules), use of a separate interest (such as requirements for architectural approval), assessment rules/penalties, election rules, etc.
On rare occasions, disputes may arise between the Association and homeowners. These documents describe a homeowner's rights to resolve the situation.