The Articles of Incorporation identify the essential elements of the association and must be filed with the Secretary of State upon incorporation. The Articles lay out the identifying features of an association, such as the association’s name, business address, purpose, duration, and the names and addresses of the initial directors.
According to Chapter 720 of the Florida Statutes, the Florida Property Owners Association Act, the “governing documents” of the community include the declaration of covenants, the articles of incorporation, the by-laws, and the rules and regulations.
The declaration is much like your “constitution” and sets forth the basic covenants and restrictions for the community. For example, covenants include the obligations to pay assessments and be a member of the association arising from the declaration. The requirement that your lot can only be used as a single family home or can only be rented for certain minimum periods arise from the declaration are examples of restrictions.
The articles of incorporation, called the “corporate charter” in many states, establishes the association’s existence and basic structure and governance. It may address important powers, such as the association’s authority to borrow money.