Hierarchy of Dedicatory Documents in Texas

Started by RW1 • 6 replies • 2908 views

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RW1 (Texas)
Posts: 2

Posted:

Can someone please refer me to an "official" source that spells out which statute/document trumps what in the order of superiority.

Thnx
R

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi RW:

This has been asked before on this website quite a few times and I have copied the following from one of Donna’s posts instead of typing the list myself. This is the general rule for what supersedes. It also should be stated somewhere within your documents regarding the hierarchy for your association documents.

#1 ALL FEDERAL LAWS, INCLUDING ADA, HUD, FCC. AND ANY FEDERAL LAW

#2 ALL STATE LAWS, REGULATIONS AND STATUTES

#3 ALL COUNTY CODES, REGULATIONS AND BUILDING RESTRICTIONS

#4 CITY CODES AND REGULATIONS

#5 CC&RS OF THE ASSOCIATION

#6 ARTICLES OF INCORPORATION (Sometimes called the Charter)

#7 BYLAWS OF THE ASSOCIATION

#8 RULES & REGULATIONS, INCLUDING ARC & OTHER ADOPTED GUIDLINES

RW1 (Texas)
Posts: 2

Posted:

Thnx, Janet

DonnaS (Tennessee)
Posts: 5,671

Posted:

RW,

I just posted a portion of the list on another post. Someone said that the HOA can sometimes supercede the local codes and ordinances. Wishful thinking but it's not going to happen. Good for Janet for saving that list.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DonnaS on 06/01/2011 9:05 AM

Someone said that the HOA can sometimes supercede the local codes and ordinances. Wishful thinking but it's not going to happen.

Donna,

Actually it is very possible for HOA documents to supercede the local codes and ordinances. However, when this happens, the local law typically defers control to the HOA document by having language like:

Unless the [name of document] expressly provides otherwise
Unless otherwise exempt
This section shall not apply to
as may be provided in the [name of document]
If the articles of incorporation or bylaws so provide
unless the [name of document/s] otherwise provide

Tim

DonnaS (Tennessee)
Posts: 5,671

Posted:

Tim,

I have seen all of the items on your list as part of the State Statutes which gives authority to the HOA to set it's own limits but not being much of a code or ordinance junkie, I cannot say that I have every heard of codes or ordinances giving their authority to a HOA. I am not saying that it cannot happen, but I am not aware of it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Tim,

I must be having a boring day today because I just visited the Waco and Arlington Texas City Code sites. I was curious to see how their codes were worded and I now will say that I believe that my previous statement about HOAs sometimes not being able to supercede city codes was most likely correct.

Everything written on the codes that I looked at used the words "SHALL" We all know that shall does not allow for an option or to change as someone sees fit. It is difinitive in meaning. SHALL mean you better believe it.

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