What if a provision of the governing documents conflicts with law?
The resolution of a conflict between the governing documents and the law depends the intent of the governmental body that enacted the law. Where the apparently conflicting law contains a phrase like “notwithstanding the provisions of the Declaration” or “notwithstanding anything to the contrary in the governing documents” in its text, the intent to override is clear and the law controls. Where the apparently conflicting law contains a phrase like “unless otherwise provided in the Declaration” or “subject to the provisions of the governing documents” in its text, the intent not to override is clear and the governing document provision controls. Where the apparently conflicting law contains no clear indication of whether it is intended to supersede conflicting provisions in governing documents, intent must be determined from the language and context of the law, and from historical records of its enactment. Consult an attorney in these cases.
