The bylaws of an association are subordinate to which of the following?

The bylaws of an association are subordinate to both the articles of incorporation and the declaration because these documents establish the foundational governance and operational framework of the community association.

The articles of incorporation serve as the legal document that creates the association as a corporation in the eyes of the law, and they lay down essential rules regarding the corporation’s structure and operation. Since the bylaws are intended to outline the internal rules and procedures for managing the association, they cannot conflict with the broader and more fundamental rules set forth in the articles of incorporation.

Similarly, the declaration, often referred to as the declaration of covenants, conditions, and restrictions (CC&Rs), is a key legal document that outlines the rights and obligations of the homeowners and the association itself. This document typically has primacy in terms of governance and sets the boundaries within which the bylaws must operate.

By ensuring that the bylaws align with the provisions of both the articles of incorporation and the declaration, the association maintains legal compliance and promotes a unified governing structure. Therefore, both foundational documents not only serve as a superior authority but also guide how the bylaws are developed and enforced.