realtyreport
Letter of the Law
As a condominium dweller, several layers of laws govern your home life; and, sometimes, those laws conflict with one another. To help clear up any confusion, below is an explanation of the condo-living hierarchy of laws.*
At the bottom of the hierarchy are your condo's rules and regulations, which set out specific restrictions and rules of conduct, such as policies regarding pets. Above those come the bylaws, which address the condo's internal affairs, outlining things like voting procedures and frequency of meetings. Next up is the condo's declaration, an official record of the owners' rights and responsibilities, and specifications for each unit's boundaries and its proportional share of common expenses.
At this point, the hierarchy steps up from your condo's governing documents to applicable municipal laws, and then state laws. The rules you and your condo's board of directors must adhere to will depend on where in the country your condo is located. Finally, at the top of the hierarchy are the federal laws, the ultimate authority.
Lower level laws are only enforceable when they are in keeping with higher authorities. If the lower level laws aren't consistent, or an issue isn't addressed at a lower level, the higher authority is the one whose laws must be adhered to. For example, any rules and regulations your condo has regarding residents' use of satellite dishes are not enforceable if these rules are in conflict with the Federal Communications Commission (FCC) legislation, which holds ultimate authority because it's a federal agency.
* This information is not intended to provide legal advice. Please check with a lawyer to clarify, or seek council in specific situations.
