When there is a conflict, which document prevails?

In the context of community associations in Nevada, the declaration serves as the foundational governing document of the community. It outlines the rights, obligations, and responsibilities of the association and its members, including common areas and individual property rights.

When a conflict arises among governing documents, the declaration typically has the highest authority. It establishes the essential framework under which the community operates, and its provisions supersede those found in subsequent documents like the articles of incorporation, bylaws, or executive board rules.

The articles of incorporation set forth the creation and structure of the association as a legal entity, while the bylaws provide rules for the governance of the entity itself. Executive board rules, on the other hand, are often more procedural and can change more freely without impacting the core principles established in the declaration.

Therefore, in instances of conflict, the declaration must prevail to maintain consistency and ensure the core governance framework is upheld. This ensures that all members operate under a clear and foundational set of guidelines, reflecting the original intent and agreement of the community.