Can a Rule contradict a Declaration or a Bylaw?

N.D writes:

Dear Paul: As a new director, I was reviewing our Rules, and noticed that some may be in contradiction with the Declaration or Bylaws. Are these enforceable?

Paul replies:

Dear N.D.: Bravo on reviewing your Rules. Many directors only review the rules when necessary because they have received a complaint. It is important to know the content of your Declaration, Bylaws, and Rules. In answer to your question, I do not think that they would be enforceable. I am not a lawyer and I have not seen your governing documents. As a result, I cannot offer any comment on your specific situation. However, you must keep in mind that there is a hierarchy in your governing documents. The Condominium Act is the highest authority, followed by the Declaration, and then the Bylaws with the Rules at the bottom. A lower document cannot be in conflict with the documents that precede it.

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