The Declaration is a formal document filed with the county giving explicit details of the terms of the condo association agreement. 
 
 
 
The Bylaws are the regulatiosn that govern the internal affairs of the association.

When HOAs and Condo associations form they always have CC Rs, entered into the County Deeds Registry as a start. These are the Declarations of Conditions, Covenants and Restrictions. This can be also the Master Deed. These legal documents are the foundation of the basic entity. In my state, Bylaws are a secondary set of documents. The bylaws tend to go more into the rules of governing the year to year business, and more of the minutia of association business.  
 
Depending on the state, the actual practice and definition, and areas of rules, practices, boundries these documents cover varies widely.  
 
It is best to examine the established definitions in your particular state. That is the confounding issue with Condominium and Association Law, practice and documents. It varies wildly from state to state.

maybe this will help 
 
http://ottesq.com/articles/declaration-and-bylaws-vs-rules-and-regulations-whats-what/

In Florida, The Declaration and any changes are filed with the State. The By-Laws are filed with the County. Changes to the Declaration hold more weight in the courts. An attorney should be consulted when amendments are considered to ascertain where they should go in the documents.

I live in NC and live in a 136 unit condo. We have a management company whose hands have been tied by the board members. The board has been the same for the last 3 years. I have e-mails to the management and board members regarding problems with the outside of my building. When the outside had siding put on, approximately 5 years ago, the contractor did not put flashing on, so now when we get heavy rains, my unit gets wet with rain coming in above the sliding door. I live on social security and I'm disabled. Can someone please tell me what I can do? I cannot afford an attorney and have not been able to find one pro bono. One of the board members owns 7 out of 12 units in my buildng, so I can't get any help from him.  
 
 
 
Also, I didn't think that when we pay dues, we could have section 8 units. 
 
 
 
By the way, my dues are $270 monthly. 
 
 
 
Any help will be greatly appreciated.

Basically the Declaration is like a binding contract or agreement between an owner and the association. The bylaws are basically an administrative function that indicates how the association will carry out its obligation to a unit owner. Example: The outside wall of your unit needs repair. Your declaration may states that the outside wall is considered common area and therefore legally the association is responsible for its repair. The bylaws will state how the association will carry out its responsibility.

In North Carolina, the Declarations contain the legal documents governing 'living in a multi-owned complex' while the By-Laws state how the Association and the Board handle the business of carrying out the Declarations. Some people get the Declarations confused with the Rules and Regulations. Any change to the Declarations must be voted on by the Association, and the voting method and number of votes is spelled in the Declarations. It's done with an 'amendment' process. Some Boards, (not all) like to use their power to create rules and regulations that govern living in a multi-owner complex depending on what their agenda happens to be. When R&R's are contrary to the Declarations, the Declarations, as a legal document, are final. As another person said, IF your Declarations say that the outside wall is a common area, then the Association is responbile for the repair. Make sure you make a request in writing, and send it by mail with a return receipt. Unfortunately, sometimes you have to seek the help of an attorney to make the Board/Management Company do what they are supposed to do. Good luck! 
 

Rose, 
 
You need to contact your personal insurance company and file a claim. They should be able to help you to get the complex to pay for it. You will need a Declaration of Insurance from your condo complex and your insurance company should be able to get a copy if you can't.

FLORIDA:The developers went bankrupt. The bank's receiver recorded a document to remove the wording regarding the developers and their control. The board is now controled by owners. The new board says the recorded document overrides the original declaration and the board does not have to have the owners vote for changes to the structure, to spend more than the $25K limit stated in the original  
 
declaration without owners vote, and more. How can I, an owner, get expert help without the huge cost of an attorney- something not affordable?