Florida Community Association Manager Practice Exam

What does the term "silent bylaws" refer to?

1. Bylaws that are actively enforced

2. Laws that are not formally included in the bylaws

3. Bylaws that require unanimous consent

4. Publicly disclosed bylaws

The correct answer is: Laws that are not formally included in the bylaws

The term "silent bylaws" refers to laws or provisions that may exist in the governance of a community association but are not explicitly stated within the formal bylaws of that association. These "silent" aspects can include customary practices or decisions that have been made over time, which become de facto rules even though they have not been officially codified in the written bylaws. Essentially, they are unwritten rules that members of the community may follow based on tradition or past practice, even though they lack formal documentation. This concept highlights the importance of understanding both written and unwritten rules in community associations, as members might operate under assumptions about practices that aren't clearly defined in the governing documents. In this context, recognizing silent bylaws can inform better governance and compliance within the community.