Common interest developments have a number of documents controlling the development. Not all documents are created equal--some have more authority than others. As provided for in Civil Code § 4205 (effective January 1, 2014) the hierarchy of authority is as follows:
- Law (unless the particular statute defers to governing documents)
- Articles of Incorporation
- Operating Rules. The exception to Rules being in last place is that Election Rules, a form of Operating Rules, (Civ. Code §5105(a)) adopted pursuant to Senate Bill 323 (effective January 1, 2020) may contain provisions that supersede Bylaws and CC&Rs. (See Election Timeline and Candidate Qualifications.)
Internal Conflicts. Conflicts between provisions in the same document can often be resolved by applying general rules of interpretation.
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