In the case of conflicting Association documents, which document has the highest authority?

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In the context of community association governance, the Declaration holds the highest authority among the governing documents. The Declaration, often referred to as the master deed or condominium declaration, outlines the fundamental structure of the community, including property descriptions, ownership rights, and the powers of the association. It serves as the foundational document, establishing the rights and obligations of the unit owners and the association itself.

When there are conflicting provisions among the association documents, it is typically established that the Declaration takes precedence over Bylaws, Rules and Regulations, and Architectural Guidelines. The Bylaws provide the operational framework and procedures for the governance of the community, while Rules and Regulations and Architectural Guidelines detail specific operational aspects and aesthetic requirements. However, none of these documents can supersede the terms and conditions laid out in the Declaration, which is considered the governing document that secures the legal basis for the community association's operations. Therefore, in scenarios with conflicting documents, the Declaration is the authoritative source that must be followed.

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