Issue link: https://hub.associaonline.com/i/814848
Your Governing Documents Have a Hierarchy Sometimes governing documents can have conflicting information if they aren't custom-created for a specific community or if each document is written at a different time. In the event of a contradiction, it's important to know which documents take precedence. "A story doesn't make much sense if you start in the middle, then jump to the beginning, shift to the end and then return to the middle. The same holds true when looking at the governing documents of a community association. It's not only important that a board member understands what these documents are, but in what order they should be ranked. Keeping that order in mind is key to understanding the narrative of your community and understanding what governance authority has been invested in the board. Governing documents are, in essence the constitution, law and regulations that spell out how your community is governed. Although the terminology varies from state-to-state, the general hierarchy of governing documents tends to follow similar structures. Plats and Plans, Declarations (also known as Codes, Covenants, and Restrictions or CC&Rs), Articles of Incorporation, Bylaws and Rules are the typical order. The higher the document is, the more likely it is to qualify, or even trump, lower documents. • The Plat or Plan tells us where the community and its various structures are located. • The Declaration or CC&Rs literally provide the Codes, Covenants, and Restrictions that bind the lot owners to the association. • The Articles of Incorporation create the corporate entity to enforce or facilitate the CC&Rs. • The Bylaws provide the rules of operation of the entity • The Rules and Regulations spell out the day-to-day details of the community governance. The lower a document is in the hierarchy, the higher the level of detail it has as the various goals or powers of the community are spelled out. The association's power is not unlimited; the day-to-day details need to be rooted in the foundational documents." — Andrew Fortin, SVP, External Affairs Quick and Easy Guide to Decoding Your Governing Documents