GOVERNING DOCUMENTS

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  • What are an association's governing documents?

    Depending upon the association, governing documents commonly include the declaration, bylaws, rules and regulations and properly adopted amendments.


    Applicable statutes also govern the association.


    These documents work together, but they do not necessarily carry equal legal authority.

  • What happens when the bylaws conflict with the declaration?

    Conflicts between governing documents require careful analysis of document hierarchy and applicable law.


    Boards should not simply choose whichever provision they prefer.

  • What happens when the declaration conflicts with Illinois law?

    The answer depends upon the statutory provision involved and whether the law controls notwithstanding contrary language in the declaration.


    Some statutory provisions override inconsistent governing-document language; other issues may permit governing documents to control.


    Legal review is appropriate when a genuine conflict exists.

  • Can the Board amend the declaration by itself?

    Declaration amendments commonly require membership approval at a specified percentage, although the exact requirements depend upon applicable law, the documents and the type of amendment.


    Boards should determine the required approval threshold before beginning an amendment campaign.

  • Can old governing documents still be enforceable?

    Age alone does not make governing documents invalid.


    However, older documents frequently contain obsolete language, outdated procedures or provisions that no longer accurately reflect Illinois law.


    Associations should periodically have their governing documents reviewed.