The documents, in order of authority
An association is governed by a stack of documents. When two of them conflict, the higher one generally controls.
| Document | What it is |
|---|---|
| State and federal law | Sits above everything the association writes. An association cannot enforce a provision that the law prohibits. |
| Declaration (CC&Rs) | The recorded covenants, conditions, and restrictions. It creates the community, defines what owners can and cannot do, and grants the association its powers. |
| Articles and bylaws | How the association operates as an organization: the board, elections, meetings, and voting. |
| Rules and regulations | Adopted by the board. They fill in details, but must be consistent with the CC&Rs and within the authority the CC&Rs grant. |
| Design or architectural guidelines | Standards for exterior changes, applied by the board or a committee. |
Start with the notice, then work backward
- Find the exact provision cited. A proper notice identifies the rule or section you are said to have violated. Write down the document name and section number.
- Read that provision in full. Read the whole section, not just the sentence quoted to you. Look for exceptions, definitions, and conditions.
- Check the definitions. Words like "vehicle," "structure," "nuisance," and "visible from the street" are often defined near the front of the CC&Rs. The definition may be narrower than the board assumes.
- Trace the authority. If the provision is in the rules or guidelines, find the section of the CC&Rs that gives the board power to make rules on that subject. If you cannot find one, note that.
- Check for amendments. CC&Rs are often amended. Make sure you have every recorded amendment, and check whether the rule you are reading was adopted before or after the conduct at issue.
Questions to ask as you read
- Does the provision clearly cover what I actually did, in its own words?
- Do the CC&Rs give the board authority to regulate this subject at all?
- Does the rule conflict with anything in the CC&Rs, which would control?
- What procedure do the documents require before a fine: notice, time to correct, a hearing?
- Do the documents set a deadline for the association to respond to an architectural request?
- Do the documents say who is responsible for maintaining the item in dispute: the owner or the association?
- Is there a provision on enforcement that requires rules to be applied uniformly?
Common findings
- The rule goes further than the CC&Rs allow. For example, the board adopts a rule regulating something the declaration never gave it power over.
- The rule exists, but the procedure was skipped. The notice was incomplete, or a fine was imposed before any hearing.
- The provision is clear and you are in violation. That happens too. In that case the best move is usually to correct the issue and talk to the board about the fines, not to fight.
Keep a marked-up copy. Highlight every section you rely on and note the page numbers. If you ask us for a case review, those page references let us confirm your reading quickly.
Do not have your documents? See how to get your governing documents.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.