Florida Community Association Manager Practice Exam

In the case of conflicting documents, which document takes precedence first?

1. Bylaws

2. Articles of Incorporation

3. Declaration

4. Regulatory guidelines

The correct answer is: Declaration

In the context of community associations, the Declaration takes precedence over other documents when there are conflicts. The Declaration, often referred to as the Covenants, Conditions, and Restrictions (CC&Rs), serves as the foundational governing document for the community. It establishes the rights and obligations of the association and its members, outlines property use and maintenance standards, and delineates the powers of the board. Bylaws, while important for governing the internal operations of the association, such as meeting procedures and officer responsibilities, cannot contradict the stipulations laid out in the Declaration. Similarly, Articles of Incorporation establish the legal identity of the association but are subordinate to the rules set forth in the Declaration. Regulatory guidelines provide additional legal context but do not supersede the specific provisions of the Declaration. Understanding this hierarchy is crucial for community association managers to effectively navigate conflicts and ensure compliance with the governing documents, thereby maintaining the community's legal and operational integrity.