Question:
If our By Laws say 5 board of directors and Nevada NRS 116 says 3 officers . Are our bylaws more stringent. So they would override NRS
– Lenore
Answer:
NRS 116.31034 states that “the units’ owners shall elect an executive board of at least three members.” This means that the association shall have a minimum of 3 board members. If your bylaws require you to have 5 board members, then you must follow your bylaws. In this case, the bylaws don’t necessarily override the law. Your bylaws simply provide for a higher minimum, which is still consistent with the law.
Keep in mind that state laws take precedence over an association’s governing documents when there is a conflict. However, in this particular case, there is no conflict between state laws and your bylaws.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
