Community Associations have many documents that govern the way they conduct business, what homeowners may and may not do, and even how community dues are handled. Many of these documents include the bylaws, covenants, Board approved policies, and of course your state condominium act [the law].
Community Associations have many documents that govern the way they conduct business, what homeowners may and may not do, and even how community dues are handled. Many of these documents include the bylaws, covenants, Board approved policies, and of course your state condominium act [the law].
All of these documents follow a very specific hierarchy of authority, which gives certain documents more [or less] authority than the others. The hierarchy of authority, from highest to lowest, is as follows:
- State Condominium Act or Law
- Declaration [CC&R’s]
- Articles of Incorporation
- Bylaws
- Board approved Policies and Rules
So, for example, if the Bylaws say you cannot build a deck or patio on your unit, the Board cannot adopt a policy allowing them. Conversely, there’s also the matter where “the more restrictive rule applies”. Using the deck/patio scenario, now the Bylaws say you CAN build a deck, but the Board has adopted a Policy that defines the maximum size, the color, etc of the decks built. So even though the Bylaws give you the right to build a deck/patio, the more restrictive rule in the Board’s Policy applies and should be followed.
All of these documents follow a very specific hierarchy of authority, which gives certain documents more [or less] authority than the others. The hierarchy of authority, from highest to lowest, is as follows:
- State Condominium Act or Law
- Declaration [CC&R’s]
- Articles of Incorporation
- Bylaws
- Board approved Policies and Rules
So, for example, if the Bylaws say you cannot build a deck or patio on your unit, the Board cannot adopt a policy allowing them. Conversely, there’s also the matter where “the more restrictive rule applies”. Using the deck/patio scenario, now the Bylaws say you CAN build a deck, but the Board has adopted a Policy that defines the maximum size, the color, etc of the decks built. So even though the Bylaws give you the right to build a deck/patio, the more restrictive rule in the Board’s Policy applies and should be followed.
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