Relationship of Covenants, By-Laws & Articles

Started by DonnaS • 2 replies • 3223 views

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DonnaS (Tennessee)
Posts: 5,671

Posted:

Our H.O.A. is in the process of rewritting our Documents. The biggest question is where do some of the amendment changes belong if they are not addressed in the Declaration of Protective Covenants . Do they go in Articles or By-Laws?

JanetS (Arizona)
Posts: 14

Posted:

Our Complex is also redoing our CC&R's, etc. We have an attorney to handle this..You also can get the updated new laws from a website. The 3 documents all can have different wording. They don't have to match. You just have to know what document takes priority over the others. Not sure what you want to add without details.

JanetS

RogerB (Colorado)
Posts: 5,067

Posted:

Usually these changes would be placed in the Bylaws or in Rules and Regulations. The heirarchy is Declaration, then Articles, then Bylaws, and finally Rules & Regs. The Declaration would need to be amended if the changes do not agree with it. Usually the Articles are amended if the Board needs greater protections under the "corporate shield".

Good Luck,
Roger

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