What are the bylaws and how can I obtain a copy?

Community bylaws are the legally binding rules that provide clarification of, and further elaboration on, regulations and policies found in a community’s covenants, conditions, and restrictions (CC&Rs). More specifically, a community’s bylaws contain specific guidelines for managing the day-to-day operation of the governing and financial components of a community. While bylaws for different communities vary, they typically have the same structure and application. The bylaws define the duties of the various offices of the board of directors; the term lengths directors will serve; the membership’s voting rights; procedures to be followed for organizing, sending notification of, and holding membership meetings; procedures to be followed for organizing, sending notification of, and holding meetings of the board of directors; and specific procedures for, and regulation of, those items that are necessary for managing the business aspects of a community association.

In the hierarchy of community governing documents, bylaws hold less legal weight, and must not conflict with superior documents (CC&R’s and Articles of Incorporation). A copy of the bylaws for your community is available through your personal account website in the “Documents” section, or you can contact us, and we will be able to provide you with a copy.

Please review the following steps to obtain a copy of your community’s bylaws via your personal account website:

  • Log in to your account at kuester.com as you normally would to pay assessments.
  • Select the “Documents” tab located in the top left section of the page, just above the “Logout” button.
  • Select “Governing Documents” in the drop-down box titled “Select a Category.”
    • A download link for the community’s current bylaws will be displayed at the bottom of the screen.

 

In a nutshell: If you consider a community’s covenants, conditions, and restrictions (CC&Rs) to be the source or master document, then a community’s bylaws are kind of like the “Cliffs Notes” for interpreting a portion of the CC&Rs, except they’re far less accessible. If Cliffs Notes are being referenced, you know you’re in for a fun read, but honestly, the bylaws are pretty manageable. The bylaws give us specific tidbits about how to properly operate the community. For instance, the criteria for establishing a quorum at an annual meeting is found in a community’s bylaws. However, the required use of a robe and gavel is not usually mentioned in a community’s bylaws – some directors just get carried away with the allure and elegance of Parliamentary Procedure. Yeah, I can’t identify with that particular passion either, but if you need information about how meetings are to be held, or why an older gentleman is always referred to as “Mr. Secretary” at your community meetings, then the community bylaws would be the document to review.
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