Hierarchy of Community Documents
Who would had guessed that your association has so many types of important documents?
Federal, State, County and City Laws: The laws of the land take precedence over all association documents. Federal Law takes precedence, State laws come second and local laws (County and City) come last in this particular line up. Whether you’re drafting your governing documents or deciding which one to follow, it’s important to always check the law first. If you have any confusion, its always best to refer to an attorney.
Federal Laws affecting Associations can be found here
State and local laws will vary depending on municipality and type of association, you should reach-out to your Property Manager or an attorney to clarify which laws apply to your community.
Recorded plat, map, or plan that is documented in the county recorder's office: These plans help designate ownership plots and the geographical limits of the association's boundaries.
Declaration of Covenants, Compliance and Restrictions also known as the Declaration, CC&Rs, or DCCR's-
Articles of incorporation
Rules and regulations
If your associations documents ever contradict themselves, don't worry, this is common. Your Association Manager or Attorney should be able to steer you in the right direction.
Stay tuned for next weeks "Dive into your Documents" Where we discuss general community documents and the purpose they serve.
United Legacy is not a government agency, law firm, or attorney and cannot provide you with any kind of legal advice or legal recommendations.