Two sets of CCRs

Started by AnnieB • 5 replies • 1687 views

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AnnieB (Washington)
Posts: 12

Posted:

I am on the board of directors in a condominum complex which is part of a planned community (the master association) in the state of Washington. We pay quarterly dues to the master association, which has its own set of CCRs. As a condominium association, within the master association, we adhere to the master association's CCRs. We also have our own set of CCRs, our own monthly dues, and our own budget. In what way, and to what extent, do the two sets of CCRs inter-relate?

We currently have an issue about a member's voting rights. The master association's CCRs say that a homeowner who is not in good standing (unpaid dues) is not able to vote. Our CCRs say nothing about this. We would like to fall back on the master associations CCRs, in this case preventing a homeowner from voting while their account is past due. Can we do this?

Phil

MicheleD (Kentucky)
Posts: 4,491

Posted:

Phil? Or AnnieB?

Oh well.

Unless there is some obscure law or statute that says otherwise, if all members are to abide by both sets, then it doesn't matter if your sub-set says anything about voting and/or good standing.

As long as one of them does, then you abide by whatever that says.

I would hope, though, that they are not in conflict anywhere (saying one thing in one set and another in the other set).

We have some contradictory phrases between our CC&Rs and our by-laws. But thankfully they also give direction that if there is a conflict between the two, the CC&Rs trumps the by-laws.

Hope that helps.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Annie,

I'm not totally familiar with this type situation as I've never lived in a Miaster assn community. I assume (and I never like to use that word!) the master assn CCRs govern all the communities within the assn but your CCRs only govern your community, right. If that is the case, then you can go by what the master assn CCRs say regarding voting rights since yours are silent. Hopefully there are no conflicting articles between the two sets of CCRs! I've heard this is a big problem in some Master assn's.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Annie,
I lived in an association for 7 years with a Master and Sub Association. The Master CC&Rs are the ruling documents. All of the sub association documents are written from the Master ones. Occasionally, a sub association may have different bylaws such as the numbers for a meeting quorum, number of directors and or special items like common area care or any number of items that DO NOT CONFLICT with the Master CC&Rs. I am suprised that your sub documents do not spell out what is an eligible or non eligible voter.

The Master Articles of Inc. will have many voting items, among them might be the description of eligible voters (apparently they do) so they will trump you sub documents.

GordonD1 (California)
Posts: 131

Posted:

Annie:

The Master Association governs all the communities. (I have a house in similar circumstances like yours). We have the houses that are under the Master Association and the Town Houses that are the sub-association.
The Town Houses have their own CC&R's. In our case both CC&R's prevent a homeowner from voting and running for a board position while their account is past due (not in good standing). It makes sense to me.

Your board can always go to the process to amend the CC&R's to read to be on the same page like the master.

Gordon

RogerB (Colorado)
Posts: 5,067

Posted:

The answer is yes, Annie. The sub association can have more restrictive Rules than the master association. Meanwhile, if the sub association passed something which conflicts with the master association then the master association's rule takes precidence.

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