Here is a short primer on the three most common governing documents, Covenants, Articles, and Bylaws: what they are and what they do.
1. Covenants. Covenants are real property covenants, also called servitudes, and sometimes may take the form of an easement, either negative or positive. In general terms, a real property covenant prevents (negative) someone from doing something with their property, or requires (positive) someone to do something with their property. Covenants come in two forms: use and structural. A use restriction limits or requires a certain uses of property. A structural restriction limits or requires certain improvements to a property.
2. Articles. Articles of Incorporation are the founding document for the corporate entity of a community association. The Articles would be filed with the Oklahoma Secretary of State, usually outline the basics or fundamentals of the corporate existence. You can read the law on Oklahoma corporations here.
3. Bylaws. Bylaws are the rules and regulations by which a corporation operates. In analogy, the Articles are like a constitution, whereas the Bylaws are like laws. The Bylaws will determine voting rights, meeting times, and other procedural matters relative to the business of the corporation. The law on bylaws may be read here.
Each of these three documents are amended in different ways. Advice from someone trained in governing document amendments should be consulted prior to undertaking an amendment process.
Matthew L. Winton, Esq.
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