What is the name of your state (only U.S. law)? Texas
Conflict between CCR's / Bylaws
I know CCR's supersede Bylaws...
without getting into all the detail...
Bylaw amendment proposed that requires subjective terms to be defined in a document by the board prior to action being taken on those terms. So something like "good condition" has to be defined in some way.
The HOA attorney is of the opinion that the contradicts and is therefore not valid because it is an attempt to amend the CCR's without going through the process.
I believe that it would be more similar for example to gun laws. Gun laws are not invalid because the constitution says right to bear arms and something else defines what that means in more detail. Same example with freedom of speech but we have regulations for language on public airwaves.
I told the attorney this and asked for a reply and they just said "Oh that is just a typical homeowner response" However the attorney did not give me any justification or reasoning why my logic does not work.
Conflict between CCR's / Bylaws
I know CCR's supersede Bylaws...
without getting into all the detail...
Bylaw amendment proposed that requires subjective terms to be defined in a document by the board prior to action being taken on those terms. So something like "good condition" has to be defined in some way.
The HOA attorney is of the opinion that the contradicts and is therefore not valid because it is an attempt to amend the CCR's without going through the process.
I believe that it would be more similar for example to gun laws. Gun laws are not invalid because the constitution says right to bear arms and something else defines what that means in more detail. Same example with freedom of speech but we have regulations for language on public airwaves.
I told the attorney this and asked for a reply and they just said "Oh that is just a typical homeowner response" However the attorney did not give me any justification or reasoning why my logic does not work.
