MaryG11 (Michigan)
Posts: 4
Posts: 4
Posted:
As a board director of a small association, we have another board member who insists that our C&R's supercede our by-laws. Is there anything in Roberts Rules that say this or anywhere else?
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C & R'S VS. BY-LAWS
Started by MaryG11 • 4 replies • 1907 views
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CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Once again, Mary, this question, too, has nothing to do with Robert's Rules of Order.
CC&Rs supersede bylaws. Either your CC&Rs, bylaws or both probably state that.
CC&Rs supersede bylaws. Either your CC&Rs, bylaws or both probably state that.
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
order of documents:
1- CCRs (run with the land, attached to deed)
[1a- HOA]
2- Articles of Incorporation (to remove personal liability from individual owners)
3- By-Laws (stipulate how the corporation formed to operate the HOA is to be run)
ABSOLUTELY the CCRs 'TRUMP' THE BY-LAWS
ps. an unplesant answer is still correct
1- CCRs (run with the land, attached to deed)
[1a- HOA]
2- Articles of Incorporation (to remove personal liability from individual owners)
3- By-Laws (stipulate how the corporation formed to operate the HOA is to be run)
ABSOLUTELY the CCRs 'TRUMP' THE BY-LAWS
ps. an unplesant answer is still correct
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Mary
I say the order in importance is:
1. State, local, laws.
2. Articles of Incorporation
3. CC&R's
4. Bylaws.
5. Rules and Regulations.
Hope this helps.
I say the order in importance is:
1. State, local, laws.
2. Articles of Incorporation
3. CC&R's
4. Bylaws.
5. Rules and Regulations.
Hope this helps.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Let me add some clarification to what others are saying.
One document controls (trumps, supersede, etc.) over another document when there is a conflict between the two documents. If there is no conflict, then both apply or (depending on the language used) one document may defer control to another document.
To determine if there is a conflict, one must read the documents completely and understand the language being used (see HOATalk thread - How to read a statute.
The order of Precedence is:
Federal Laws
Federal Regulations
State Laws
State Regulations
County Codes
City Ordinances
CC&Rs (as these are the deed restrictions and the document the Association is to enforce)
Articles of Incorporation (if your Association is incorporated - most are)
Bylaws
Resolutions (decisions adopted by the board - rules, guidelines, etc).
Hope this helps,
Tim
One document controls (trumps, supersede, etc.) over another document when there is a conflict between the two documents. If there is no conflict, then both apply or (depending on the language used) one document may defer control to another document.
To determine if there is a conflict, one must read the documents completely and understand the language being used (see HOATalk thread - How to read a statute.
The order of Precedence is:
Federal Laws
Federal Regulations
State Laws
State Regulations
County Codes
City Ordinances
CC&Rs (as these are the deed restrictions and the document the Association is to enforce)
Articles of Incorporation (if your Association is incorporated - most are)
Bylaws
Resolutions (decisions adopted by the board - rules, guidelines, etc).
Hope this helps,
Tim
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