Q: I just closed on a purchase of a condominium, and the condominium association sent me a copy of the "governing documents." What are these documents?

A: The governing documents of a community association, such as a condominium association, include the articles of incorporation and bylaws of the association; the declaration of covenants, easements and restrictions; any community rules and regulations; and any amendments to these documents These documents create the basic legal framework of the community.

The articles of incorporation and the bylaws govern the community association as a legal entity. The articles are submitted to the secretary of state of Georgia and form the association as a nonprofit corporation. The document lists the name and principal address of the association, its registered agent and may detail how the association will operate.

The bylaws address how the association will operate, including how meetings must be run, how and when directors and officers are selected and/or elected, and the duties of the directors and officers.

The declaration of covenants, easements and restrictions, recorded in the county land records, governs the actual property. It sets forth the duties and responsibilities of the association and its members with respect to community property. Rules and regulations may be issued by the association to address details and specific procedures.

Q: What does it mean to incorporate?

A: Incorporate can mean either forming a corporation under a state's regulations, or giving legal status as a political subdivision, such as a city, to a geographic area.

Have question? Please contact James J. Scavo at jscavo@wslaw.net or c/o Weinstock & Scavo, P.C., 3405 Piedmont Road, Suite 300, Atlanta, GA 30305.

This column provides information on the subject matter covered. It is not intended to render legal advice.

— By Raghu R. Raju, an associate with Weinstock & Scavo, P.C.; rraju@wslaw.net; www.wslaw.net.