RuthN (Florida)
Posts: 41
Posts: 41
Posted:
If the Declarations and Bylaws, in addressing the same issue, have conflicting voting requirements for passage(75% vs 51%). Don't the Declarations always take prescedence?
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Declarations and Bylaws have conflicting statements
Started by RuthN • 5 replies • 2063 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Ruth,
If there is a conflict between the Declaration and the Bylaws, the Declaration is the document that must be complied with, unless the Declaration defers to the Bylaws.
With that said, you need to actually make sure that their is a conflict.
If you are discussing amending those documents, the Declaration typically requires 2/3 or more of the membership to amend. The Bylaws are typically easier to amend with a lower percentage.
What, if you are willing to share, is the exact language between the two documents that you believe is in conflict?
If there is a conflict between the Declaration and the Bylaws, the Declaration is the document that must be complied with, unless the Declaration defers to the Bylaws.
With that said, you need to actually make sure that their is a conflict.
If you are discussing amending those documents, the Declaration typically requires 2/3 or more of the membership to amend. The Bylaws are typically easier to amend with a lower percentage.
What, if you are willing to share, is the exact language between the two documents that you believe is in conflict?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
With Tim, what are the topics of these votes?
DaveD3 (Michigan)
Posts: 796
Posts: 796
Posted:
Sounds like it might be amendments (?)
Amending the declaration, and amending the bylaws may very well have different requirements with the declaration requiring more votes to amend. Makes sense, no conflict if that's the situation.
Amending the declaration, and amending the bylaws may very well have different requirements with the declaration requiring more votes to amend. Makes sense, no conflict if that's the situation.
RuthN (Florida)
Posts: 41
Posts: 41
Posted:
The issue is a special assessment for a capital improvement. The declaration: approval by %75 of those voting either in person or by proxy. The Bylaws speaks to a member vote to increase the budget over 10% of the annual budget. However the vote is not for a budget increase. It is for a special assessment. So technically the bylaws item does not apply anyway.
In addition: Re conflict in the docs: Declaration take precedence over articles of incorp and bylaws.
In addition: Re conflict in the docs: Declaration take precedence over articles of incorp and bylaws.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
The difference in a special assessment and an increase in annual assessments are easy to understand.
Special Assessments are for a specific issue and a one time assessment (it is still considered one time even if members are allowed to pay for the assessment over time) and for an association expense that was under-budgeted or not budgeted for.
Per an article from a website, Annual assessments is defined as the recurring periodic payments that owners must pay to fund the operation of the association.
Based on your recent post, and as you already determined, there doesn't appear to be an actual conflict. The issue would be if the Board is trying to adopt a special assessment under an increase in annual assessment procedure.
These article may be of interest:
Special Assessments: Do It Right Or Pay The Price an article in Condo-Owner Magazine, February 2014
Special Assessments are for a specific issue and a one time assessment (it is still considered one time even if members are allowed to pay for the assessment over time) and for an association expense that was under-budgeted or not budgeted for.
Per an article from a website, Annual assessments is defined as the recurring periodic payments that owners must pay to fund the operation of the association.
Based on your recent post, and as you already determined, there doesn't appear to be an actual conflict. The issue would be if the Board is trying to adopt a special assessment under an increase in annual assessment procedure.
These article may be of interest:
Special Assessments: Do It Right Or Pay The Price an article in Condo-Owner Magazine, February 2014
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