In the hierarchy of governing documents, which item would prevail if it conflicts with the bylaws?

• A. The bylaws
• B. The recorded map, plat, or plan
• C. The declaration, CC&Rs, or master deed
• D. The articles of incorporation

Answer: (D)

The highest authority among governing documents is the articles of incorporation. This charter, filed with the state, creates the association and defines its broad powers and structure. Because it sits above all other documents, any provision in the bylaws that conflicts with what the articles authorize would be overridden by the articles. Declarations/CC&Rs come next in the hierarchy, outlining covenants and property obligations, but they must operate within the framework set by the articles. A recorded map or plat relates to land boundaries and subdivision details rather than internal governance, so it does not have the power to override bylaws. So, in a conflict with the bylaws, the articles of incorporation prevail.