Navigating the Complex Relationship Between
MASTER
ASSOCIATIONS & Sub-Associations By Lauren Olson of Barker Martin, P.S.
Y
ou purchase a unit or lot in a master planned community that has a master
association and sub-association that both govern your particular unit or lot. As the new owner, how do you know what governing documents apply to you, or unravel the interplay between the master association and sub-association when there are two sets of covenants, rules and regulations, and design guidelines?
These are the types of conundrums faced by many owners that purchase property in a sub-association within a master planned community, or by managers that work with such layered community associations. A master association is the association that governs or oversees the entire community. This community may also contain smaller associations that share some unique common area within the master planned community. Sub-associations are the smaller individual associations within a master planned community that govern a particular neighborhood or portion of the master planned community.
Governing Document Application & Enforcement
Both master associations and sub-associations typically have their own set of governing documents (declaration, bylaws, and rules). This is because master associations that contain sub-associations are prevalent in communities where there are different types of dwelling units, including
28 Community Associations Journal | March 2023
but not limited to condominiums, townhomes, and single- family residences, which have different sets of requirements or needs whether those are derived by statute, case law, or otherwise. The master association governing documents apply to the entire community and the sub-association governing documents only apply to the sub-association.
Certain decisions may require approval of both the master association and sub-association
Depending on the language in the master association or sub-association’s governing documents, certain decisions may require approval of both the master association and sub-association, as well as certain maintenance obligations in a sub-association may be delegated to the master association.
Some maintenance obligations in a sub-association may be delegated to the master association.
Therefore, it is important for both owners and managers to understand how certain responsibilities are assigned, whether the master association or sub-association is required to enforce certain provisions, and how decisions
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