Common interest developments have a number of documents controlling the development. Not all documents are created equal--some have more authority than others. Although there may be exceptions, the hierarchy of authority is generally as follows:

For property restrictions:

1. State and Federal laws (unless they defer to the CC&Rs)
2. Condominium Plan (for condominiums) or Subdivision Map (for planned developments)
3. Declaration of Covenants, Conditions and Restrictions (CC&Rs)
4. Rules and Regulations

For corporate matters (elections, recalls, meetings, officers and directors, etc):

1. State laws (unless they defer to the bylaws)
2. Articles of Incorporation
3. Bylaws (unless bylaw provisions are found in the CC&Rs)
4. Election Rules

Conflicts Between Documents. Conflicts between documents can often be resolved by referring to the hierarchy of authority and applying general rules of interpretation. However, statutes and case law may also control particular issues. Boards should seek legal counsel whenever they discover a conflict between their documents, or their documents and statutes. See definitions of governing documents. 

ASSISTANCE: For assistance with your documents, contact us.