Question:
Can a BOD make a decision off an assumption hat she is reading off the Matrix and the Matrix is to vague. The Board President is advising the BOD that she is misreading the Matrix because it’s vague. Does the Matrix supersead the CCRs? If BOD and President don’t read the Matrix the same should we look into the CCRs or assume what one BOD is reading is assuming different because she doesn’t agree with the meaning of the President?
– Sylvia
Answer:
Hi Sylvia,
If the matrix you’re referring to is a matrix of the HOA’s rules and regulations, then no, it does not prevail over the CC&Rs. The CC&Rs prevail over most governing documents, including the articles of incorporation, bylaws, and rules and regulations. The CC&Rs also prevail over maintenance matrices that summarize the HOA’s maintenance responsibilities. When in doubt, the board should go back to the CC&Rs for decision-making.
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