TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Thought this would be a good topic – explain what the difference is between the governing documents:
Bylaws –
This document is the third in order of precedent and must be complied with unless it is in conflict with the Articles of Incorporation, the CC&Rs or a State or Federal law.
The Association should have a set of Bylaws regardless of incorporation status
This document does the following:
a) Specifies how the Association is to be ran
b) Specifies who members are and their voting rights
c) Specifies the process of how meetings of the membership are to be held
d) Specifies how many directors are required and their terms
e) Specifies how directors are elected
f) Identifies any qualifiers to hold office
g) Specifies minimum frequency of meetings for both the general membership and the board
h) Specifies quorum requirements
i) Specifies duties and responsibilities of board members
j) Specifies the minimum officer positions of the Association
k) Specifies duties and responsibilities of the officers
l) Typically indemnifies Directors, Officers and Committee members
m) Specifies procedures on how to amend
References:
Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations from a management company
What Are in the Basic Governing Documents of an HOA from Nolo
HOA Bylaws and Regulations: Everything you need to know from Town Square
Board Member Tool Kit From CAI
Bylaws –
This document is the third in order of precedent and must be complied with unless it is in conflict with the Articles of Incorporation, the CC&Rs or a State or Federal law.
The Association should have a set of Bylaws regardless of incorporation status
This document does the following:
a) Specifies how the Association is to be ran
b) Specifies who members are and their voting rights
c) Specifies the process of how meetings of the membership are to be held
d) Specifies how many directors are required and their terms
e) Specifies how directors are elected
f) Identifies any qualifiers to hold office
g) Specifies minimum frequency of meetings for both the general membership and the board
h) Specifies quorum requirements
i) Specifies duties and responsibilities of board members
j) Specifies the minimum officer positions of the Association
k) Specifies duties and responsibilities of the officers
l) Typically indemnifies Directors, Officers and Committee members
m) Specifies procedures on how to amend
References:
Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations from a management company
What Are in the Basic Governing Documents of an HOA from Nolo
HOA Bylaws and Regulations: Everything you need to know from Town Square
Board Member Tool Kit From CAI
