hierarchy of law & governing documents

At their core, the rights and obligations relating to membership in an association, as well as governance and operation of the association, arise out of the relationship created by servitudes between individually-owned property and the development as a whole.  The organizational form adopted for exercise of the community's powers, a nonprofit corporation for example, often creates an additional relationship between community members and the association, which is governed by an independent body of law.

Because the organizational form is simply a tool to facilitate operation of the property relationship among community members, in the event of conflict between servitudes law and the law applicable to the association form,

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Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

57-8-35. Effect of other laws - Compliance with ordinances and codes - Approval of projects by municipality or county
57-8-40. Organization of an association of unit owners under other law -- Reorganization
57-8a-228. Organization of an association -- Governing document hierarchy -- Reorganization
Park West Condo v. Deppe (which law governs, strict compliance) '06
View Condo Ass'n v. MSICO (developer amendments, plat amendments, takings) '05