Which Document Matters Most?

Most homeowners assume that every HOA governing document carries the same weight.

That's a perfectly reasonable assumption.

After all, they're all official Association documents...right?

You may be wondering:

What happens if two governing documents seem to say different things?

Which document takes priority?

Can the Board adopt a rule that conflicts with the Declaration?

They're great questions.

The answer is that not all governing documents carry the same weight.

Most of the time, you'll never notice the difference because the documents are designed to work together.

But when two documents appear to conflict, it's important to know which one controls.

Let's take a closer look.

Imagine your HOA's Rules & Regulations said one thing, but the Declaration appeared to say something different.
 

Which one controls?
 

Or what if the Board adopted a new rule that conflicted with the Declaration?
 

Could the new rule simply replace it?
 

The answer is no.
 

Some governing documents carry more weight than others. Documents that carry less weight generally can't override documents that carry more weight.

Imagine your HOA's Declaration prohibits propane tanks anywhere on the property.
 

Based on that restriction, you would probably assume that a propane-powered standby generator isn't allowed.
 

That's a reasonable conclusion.
 

Now imagine a homeowner has a documented medical condition and requests permission to install the generator as a reasonable accommodation under federal law.
 

Can the Association simply deny the request because the Declaration prohibits propane tanks?
 

Not necessarily.
 

Federal law may require the Association to consider whether a reasonable accommodation is appropriate under the circumstances
 

In that situation, the Association isn't changing or ignoring the Declaration.
 

Rather, it must comply with federal law, even when the Declaration would otherwise prohibit the installation.
 

That's because federal law carries more weight than an HOA's governing documents.
 

That's one example of why understanding which document—or law—controls can be so important.

Generally, governing documents are interpreted in this order:

1. Federal law 
2. Florida law 
3. The Declaration 
4. Articles of Incorporation 
5. Bylaws 
6. Rules and Regulations 
7. Architectural Standards and Design Guidelines

Understanding that some documents carry more weight than others helps answer common questions about how an HOA operates.

· Why can't the Board simply change a restriction?

· Why do some changes require a vote of the membership?

· Why can't a Rule override the Declaration?

· Why do federal and state laws sometimes affect how an HOA operates?

Not every situation involves a conflict between governing documents. Often, one document establishes the general rule while another provides additional details. Reading the documents together usually provides the complete picture.

You don't need to become an HOA expert to find the information you're looking for.

In many cases, simply knowing which governing document is most likely to answer your question is enough to point you in the right direction.

As you become more familiar with your HOA's governing documents, you'll find it much easier to locate the answers you need and better understand how your community operates.

You don't have to learn everything today.

Knowledge builds confident homeowners.

Engaged homeowners build stronger communities.

Let's keep the conversation going.

 Florida HOA Spotlight — Helping Homeowners Understand Their Communities... One Conversation at a Time.