Community Association Documents and Governing Instruments Flashcards

Which document in a common interest community typically holds the highest legal authority after state law?

Answer: Declaration (CC&Rs)

The Declaration, or CC&Rs, is recorded with the county and holds supreme authority within the community's governing document hierarchy, superseding bylaws and rules.

Which of the following is typically found in the bylaws rather than the Declaration?

Answer: Procedures for electing the board of directors

Bylaws govern the internal operations of the association, including procedures for board elections, officer duties, and meeting requirements.

A community manager discovers a conflict between the association's rules and regulations and its bylaws. Which document generally controls?

Answer: Bylaws

In the document hierarchy, bylaws supersede rules and regulations, so the bylaws provision would control in a conflict.

An amendment to a Declaration typically requires:

Answer: A supermajority owner vote as specified in the Declaration

Amending a Declaration usually requires a supermajority vote of the membership (commonly 67% or 75%) as specified within the document itself.

What is a 'plat' in the context of a planned community?

Answer: A recorded map showing lot boundaries and common areas

A plat is a recorded survey map that establishes the boundaries of individual lots, common areas, and easements within the community.

Rules and regulations in a community association are typically adopted by:

Answer: The board of directors within authority granted by governing documents

The board of directors generally has authority under the bylaws and Declaration to adopt and amend rules and regulations without a full membership vote.