Process to Amend Bylaws
Dennis
Can you outline the process for a planned community to amend Bylaws. I have landed on contradictory information on my internet searches! I understand I also need to refer to our current governing documents to see if there are any conflicts between them and statute/laws. In the event of conflict, which rules – for instance if the state says 3/4 majority is necessary to pass the vote to amend, and our documents say 51%, which do we follow?
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Rhonda
The order of guidance for these communities is as follows :
State law
CC&R’s
Articles of Incorporation
Bylaws
Rules.
No provision in a lower document can contradict a provision in a higher document, if it does the higher document prevails.
When it comes to state law the standard is as follows
if the provision in state law starts with “notwithstanding” then the statute prevails
If the provision in state law uses “unless otherwise specified in the governing documents” the governing documents prevail.
Dennis