Deed of Dedication and bylaws

Started by JimC12 • 3 replies • 2021 views

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JimC12 (Virginia)
Posts: 12

Posted:

We have a deed of dedication that explains the CC&R and other details on how voting and amendments may happen. Does the association need to follow the rules and procedures within the deed before making any changes? Does the deed take precedents over the bylaws?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

YES and YES

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jim,

YES AND YES, as well

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jim,

Being in VA I suspect that your Association is incorporated. As such, VA corporate law would apply and they specify that if voting procedures are mentioned within the Associations Articles of incorporation, then the Articles of Incorporation are in control. Typically, the order of precedence for the Governing Documents are:

The Declaration of Covenants Conditions and Restrictions
The Articles of Incorporation
The Bylaws
Resolutions by the Board of Directors

Here is a link to Virgina's Nonstock Corporation Act

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