Quote:
Posted By JerryS5 on 11/11/2011 11:06 AM
In Colorado, it is accepted and understood that state regulations normally override our HOA documents such as our CC&Rs, Bylaws, etc. However, in some cases, our CC&Rs are more stringent than the state regulations. In that situation, do the state regulations still prevail - or are we still bound by our CC&Rs?
It's impossible to answer that question without knowing the exact wording of the state statute requirement and the requirement in the CCRs or bylaws that appear to be in conflict.
Sometimes the state statute will establish a
minimum requirement, but the CCRs can have a more stringent requirement and prevail. Sometimes a state statute might state a maximum permissible requirement. Then again, a state statute can establish a
default requirement which prevails if the CCRs or bylaws are silent on the issue, but which allows the CCRs or bylaws to establish a different requirement.
It's not possible to answer your question in general terms. One would have to read and interpret the apparently conflicting requirements to understand what prevails.
In general terms, though, no provision in any contract, CCRs, bylaws, etc., can be in violation of, or require the violation of, any federal, state, or local law, unless the law itself permits such an apparent contradiction to exist.