LornaR (Ohio)
Posts: 28
Posts: 28
Posted:
Are code of regulation above deed restrictions, our governing body does not stipulate that you must be current on your Association dues in order to vote but the deed restrictions do.
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Is Code of regulations over deed restrictions
Started by LornaR • 1 replies • 1416 views
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BradD2 (Florida)
Posts: 418
Posts: 418
Posted:
The order of "power" is Federal Laws, State Statues, County Ordinances, City/Township rules and then your governing documents.
Your governing documents should state the order that they are to be considered. For ours it is the Declaration of Covenants, By-Laws and then Articles of Incorporation. After that are any Rules/Regulations or Policies/Procedures inacted by the board.
For example, in Florida it doesn't matter what your documents say about flying a flag as there is a Florida Statute allowing them under a certain size. Another example is it doesn't matter what your documents say about satelite dishes under 3 feet in diameter as the FCC has ruled they are allowed.
Your governing documents should state the order that they are to be considered. For ours it is the Declaration of Covenants, By-Laws and then Articles of Incorporation. After that are any Rules/Regulations or Policies/Procedures inacted by the board.
For example, in Florida it doesn't matter what your documents say about flying a flag as there is a Florida Statute allowing them under a certain size. Another example is it doesn't matter what your documents say about satelite dishes under 3 feet in diameter as the FCC has ruled they are allowed.
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