How to research a governing-document question
A repeatable way to answer "what do our documents actually say" instead of guessing.
Start with the recorded declaration at your county recorder's office, not the packet you got at closing, since only recorded text and recorded amendments bind later owners. Then locate the specific provision in the hierarchy (state law, declaration, articles, bylaws, rules) and read its exact wording, "shall" versus "may", before drawing a conclusion.
Read the recorded version, not the closing packet
The document a homeowner was handed at closing is a snapshot. If the declaration has been amended since, and most have been, the paper copy in a filing cabinet is not the legally operative text. An amendment only binds later owners once it has been recorded, so the current, correct version of any provision is whatever the recorder's office shows once every recorded amendment is read together with the original declaration.
Practically, that means the first step in researching any question is not "what does our binder say" but "what is currently recorded against this property." Your county land-records or recorder's office can pull that for you, and many management companies keep a recorder-verified copy for exactly this reason.
Find where the provision sits in the hierarchy
Once you have the right text, place it. Governing documents rank in a fixed order, and a lower document cannot lawfully override a higher one, no matter how new the lower one is.
| Rank | Document |
|---|---|
| 1 | Federal law (for example, the Fair Housing Act) |
| 2 | State statute |
| 3 | Declaration (CC&Rs) |
| 4 | Articles of incorporation |
| 5 | Bylaws |
| 6 | Rules, resolutions, and policies |
If a rule and the declaration disagree, the declaration wins regardless of which was adopted more recently. If your document is silent on a question entirely, the answer usually sits one level up, in your state's statute.
Read the exact word: shall or may
Once you have found the right provision at the right level, the specific verb matters more than the general sentence around it.
"Shall is an imperative command, usually indicating that certain actions are mandatory, and not permissive."
Source: Wex Legal Dictionary: "shall", Cornell Law School, Legal Information Institute
Treat "shall" as presumptively required and "may" as presumptively discretionary. A court can still read "shall" as merely directory depending on the surrounding language and intent, so an ambiguous or high-stakes "shall" is worth a second read by counsel, not just a dictionary.
Know when to stop researching and call an attorney
This four-step process answers "what do our documents say and which one controls." It does not resolve a genuine ambiguity in the text, confirm statutory compliance, or tell you how a specific dispute would play out in enforcement. Those questions belong to your attorney, not to a self-guided research process. See when legal review is appropriate for how to tell the difference.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A homeowner says a CC&R provision was removed years ago, but the paper copy from your closing packet still shows it. What controls?
Your bylaws state the treasurer "shall" present a budget report at the annual meeting. What does that language presumptively mean?
A rule the board adopted last month conflicts with a sentence in the declaration. Which one controls, and why?
Sources
- Nevada Revised Statutes Chapter 116, Common Interest Ownership, State of Nevada Legislature
- Wex Legal Dictionary: "shall", Cornell Law School, Legal Information Institute
- Understanding the Hierarchy of Governing Documents in a Community Association, Community Association Management (CAMS)
Related elsewhere in the Academy
Governing Documents
Next, learn how to read your CC&Rs section by section without a law degree.
Where your recorder's office is located, what counts as the legally binding recorded version, and the exact statutory wording on document hierarchy all vary by state. Confirm specifics against your own state's statute and your county recorder.