Amended Bylaws - AZ

Started by PatG1 • 2 replies • 1718 views

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PatG1 (Arizona)
Posts: 2

Posted:

Our HOA developed over several years, starting in 1962. As each Unit opened, a new set of CC&Rs was written, but the HOA encompassed all. In 2005, the Bylaws were amended to address problems that effected all the Units. The Amendment was duly recorded with the county in which we reside and became effective on 1 August 2005. I am waiting to receive affirmation from our attorney that the Amendment is valid, but would like some other opinions. If the new governing documents are not passed by the owners, we will go back to using the documents we now have and that means the RVs will be prohibiited. One committee member is now stating that the Bylaws do not supercede CCRs, "It is not the law." Thank you.

RogerB (Colorado)
Posts: 5,067

Posted:

Pat, the CC&Rs supercede the By-laws so the committee member is correct for those cases where the By-laws do not agree with the CC&Rs. By-laws are usually used to define the organizational structure not to address problems. In Colorado By-laws do not have to be filed outside the HOA. Within a couple weeks all member should have been provided a copy of the newly amended By-laws.

It is the Declaration of CC&R's which becomes effective when properly done and filed with the County. This is the controlling document for restrictions and the violations thereof. Are you sure there are different Declarations of CC&Rs for each section of your development? If so, why weren't the Declarations amended to become the same for all sections?

WilliamT (Arizona)
Posts: 489

Posted:

Pat,

You may have an Article in your Bylaws named INTERPRETATION that reads something like this:

"In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration(CC&R's) and these Bylaws, the Declaration shall control."

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