Within the HOAs there exists a hierarchy of governing documents. At the top is the Declaration of covenants, Conditions and Restrictions (The Declaration), followed by the Bylaws, and at the bottom of the hierarchy are rules and regulations. The Declaration can be likened to the yellow lines along the sides of the road, and rules and regulations must stay within those yellow lines. Stray too far in either direction, and the HOA winds up in ditch with an unenforceable (and possibly liability-inducing ) rule or regulation.
Reprint from an article written by Ben Karb, Attorney at Horack Tilley
For the benefit of Homeowners, a summary listing of the responsibilities of the Burning Tree Homeowners Association relating to maintenance of residential units and Common Areas has been prepared as defined in the community's Declarations of Covenants, Conditions and Restrictions. All other maintenance is the responsibility of the individual Homeowner.