CC&RS VS BY LAWS

Started by TheresaF1 • 5 replies • 275 views

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TheresaF1 (Nevada)
Posts: 8

Posted:

I WOULD LIKE TO KNOW IF WE HAVE TO ABIDE BY BY LAWS OR CC&RS.

THE CC&RS SAY WE HVE 75% OF OWNERS TO VOTE AGAINST A BUDGET. WE HAD 30 HOMEOWNERS PRESENT FOR THE BUDGET MEETING 25 VOTED AGAINST WERE AGAINST THE BUDGET . THE MANAGENENT SAID 51% OF ALL HOMEOWNERS OF THE 68 TOTAL HOMES MUST VOTE AGAINST IT.THEY ARE ONLY GOING BY THE BY LAWS. BUT THE CC&RS SAY 75% EVEN IF THERE IS NO QUORUM. DO THE CC&RS SUPERCEDE THE BYLAWS.? THIS WOULD MEAN THE THE MANAGEMENT IS WRONG TO MAKE THE BUDGET PASS FOR THEM AND THE BOARD.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Theresa

You have to read/better understand, Typically % to change are a % ALL OWNERS (as is our case), not just a % of those at a meeting.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Theresa

You have to read/better understand, Typically % to change are a % ALL OWNERS (as is our case), not just a % of those at a meeting.

BillH10 (Texas)
Posts: 1,217

Posted:

Teresa, John is correct . . .sometimes.

I have seen language which stipulates something like " . . .a majority of the owners present in person or by proxy may approve . . . yadda yadda yadda"

In future posts, could you use upper and lower case as appropriate in your sentences? It is much easier to read and understand.

Perhaps you could post again and this time quote both the Bylaws and CC&Rs.

ElleN (Idaho)
Posts: 4,420

Posted:

TheresaF1, please quote word-for-word what the relevant bylaw and relevant covenant say.

If there is a genuine conflict between the two, the law says the covenants trump the bylaws.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By TheresaF1 on 11/05/2023 2:23 PM
I WOULD LIKE TO KNOW IF WE HAVE TO ABIDE BY BY LAWS OR CC&RS.

The order would be:

Federal Laws
State Laws
County Codes
City Codes
Recorded PLAT
Deed Restrictions (which include the CC&Rs)
Articles of Incorporation (if the Association is incorporated, most are - check to be sure)
Bylaws
Resolutions (written decisions by the Board, most typical would be architectural guidelines and amenity rules)

If there is a conflict between a lower document and a higher document, the higher document must be complied with.
However, there are times when the higher document says the lower document must be complied with (controls the specific issue).

Therefore, it is important to read everything and understand the specific verbiage (legalize).

Without seeing the verbiage in your documents, it's difficult to give you an answer.
If you care to share, remember to redact any mention of names, association, etc. in order to keep with the forums posting rules.

I hope this helps,

Tim

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