Declaration, Bylaws, and Rules & Regulations

Thursday’s daily focus: condo law

Q: What is the “declaration”?

A: A declaration is the “constitution” of the association, and it provides for the governing of the association, i.e., how elections are conducted, when meetings are held, etc. The declaration is binding on the entire property in perpetuity, including each unit. Therefore, everyone who ever owns a unit in the condo association – anyone who owns a unit now or ever buys a unit in the future – is subject to the provisions of the declaration. The declaration can be amended by a super majority of the unit owners, and any amendment to the declaration also has to be recorded.

Q: What are “bylaws”?

A: The bylaws are additional rules governing how the association is to be run; bylaws are voted on and adopted by the entire association (almost always by a super-majority – typically 2/3 or 3/4). Many associations have their declaration and bylaws together as a single document.

Q: What are “rules and regulations”?

A: Rules and regulations are rules governing particular aspects of the association, and are adopted by the board. Rules and regulations cannot override the declaration or bylaws. Since rules and regulations are adopted by the board only, they are easier to change – for instance, a new board can nullify any rule or regulation adopted by a previous board, as well as enact new rules and regulations.

Talk Like A Lawyer

Reversible error: an error by the trial court of sufficient significance to entitle a party to a new trial

Closing Argument

“Blessed are those who can give without remembering and take without forgetting.” – Elizabeth Bibesco

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