As a board member, we know that you’re bound by the official documents that your HOA operates under. While things generally run smoothly, there may come a time where something comes up and one governing document says one thing, while another says something entirely different. This is very frustrating. But, this isn’t something to panic about. In most cases, all HOA documents fall under a general hierarchy based on which document was recorded first. Remember: don’t just assume anything is true for your community until you check with your state’s laws/regulations.
Generally speaking, here is how HOA documents are ordered based on precedence of authority.
- Legislative law – federal>state>local.
- HOA plat/map.
- Any supplemental declarations.
- Articles of incorporation or a corporate charter (if any exist).
- Rules and regulations.
- General resolutions.
The hierarchy of documents is important because it helps your board by providing a ready-made solution to conflicts. If you ever question the order of your documents, talk with your legal counsel. They will know your state’s legislation and will provide useful insight into which documents have precedence over others. Once you know your HOA’s document hierarchy, write it down and share it with all board members! Knowledge is power, especially in situations like this. For more questions about managing your HOA, contact Spectrum Association Management today!