Each condo association board member is obligated to know the law and to follow the governing condo documents of the condo association. For condominiums, the State statutes on condominiums must be strictly followed. In addition to the requirements of law, a condo board member must be familiar with the declaration or covenants, the condo bylaws, or other controlling condo documents which form a contract between and among the HOA members within the condo association. Sometimes the governing condo documents will conflict with the provisions of the applicable statutes. In general, the condominium or condo association statutes will prevail over conflicting provisions of the declaration or condo association bylaws (except when the statute specifically authorizes the declaration or condo association bylaws to provide otherwise). The declaration or covenants generally rule over conflicting provisions of the condo association bylaws, and the bylaws generally govern over conflicting provisions of any condo rules and regulations or house rules adopted by the board. Although at first the concept of following the law and governing condo documents may appear simple, in practice this can be a difficult and confusing undertaking, and it may require professional assistance.
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