Stan,
The Association’s bylaws explain how the Association governs and operates, such as when meetings are to be held and what quorums are necessary. This is usually an internal document and isn't enforced by anyone except the members. If a member believes that the Association didn't follow the bylaws, they would have a right to challenge a decision made under such conditions in a court of law to see if the process adhered to the conditions set forth within the contract (yes contract) as identified in an Associations Governing documents.
What most people do not understand is that an Associations governing documents are a civil contract between all owners of lots/homes in a defined community. Typically under this civil contract, the parties of the contract decide to create a business entity (aka a corporation, aka a homeowners association) to enforce the specifics of the contract (rules/conditions/restrictions) and to oversee the maintenance and repair of any areas that are jointly owned by all the parties of the contract (common area). Typically, this business entity, on the authority granted by the parties of the contract, provide additional services like trash/recycling, street lighting, etc.
Typically, to legally protect the individual parties of the contract (the members of the Association) incorporate this business entity under the States corporate laws/codes. Typically, though not always, the entity is incorporated as a non-profit corporation.
As a corporation, State laws typically require that the corporation has certain rules/requirements to exist as a company. Most corporate laws require that the corporation is ran by a Board of Directors. Since this is America, the States set limits but not necessarily the specifics on how a business operates. This can easily be verified by reading various States corporate laws which typically defer to the businesses own governing document.
There have been times when some lawmakers believe that some Associations have taken the civil contract to a point that it infringes on various rights that many believe can not, or should not, be contractually taken away. An example of this would be the many State laws that exist regarding an individual right to display the US Flag. However, if you read the laws, most of them stop short of saying the flag may be displayed in any manner the individual chooses and leaves options open to a contractual agreement that flags may only be displayed one way and not another (i.e. Associations choosing that no free standing flagpoles are allowed but flagpoles attached to the side of a home are). Again, a civil contract between the parties involved (the homeowners within the development).
Some States have gotten more involved in this contractual agreement then other States. This is easily seen by looking at various State HOA and condo laws. However, what members of Associations sometimes fail to see is that the governing documents can be amended by various percentages of the membership.
Unfortunately, more often than not, a persons first dealings with an Associations Board of Directors is when they fail to make a payment on the Annual Assessment or failed to follow the rules they agreed to follow by making a change to the property without asking for and receiving permission from the Association. If people would read and understand the documents prior to agreeing to them, I believe that most misunderstandings would be avoided.
Bottom line is, by owning property within an Association, you entered into a civil contract. Civil contracts typically are managed between the parties or decided by a court of law if there is a dispute and one of the parties brings legal action. Avenues are available and typically specified within the contract (the governing documents) on how the contract can be amended. The State or Federal governments typically have little authority over a civil contract.
Some links that might be of interest:
Community Associations Network Scroll down and use the menu on the side of the site to find links to State laws
Colorado Legislative Action Committee FAQ's Virginia's Fairfax County Community Association Manual A good plain language document on how Associations should run within the State of VA - but can easily apply to other States.
Roberts Rules of Order Online if your Association utilizes the rules.
Community Association Network Love them or consider them the enemy - lots of good info here
Community Associations : Newsletters / Statutes Published by a legal firm and designed for the DC, VA, MD area but good general info can also be found within the articles.
Homeowner Associations of VA website provides a good definition of various governing documents, even if you don't live in VA.
davis-stirling.com provided by a law firm and provides simple explanations in a menu driven style about the CA davis-stirling act.
I know there are others out there, but just wanted to list a few to demonstrate that the information is out there if a member of an Association wishes to take the time and learn about the contract they entered into.
Tim