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lots of docs.. which rules?

How do you know which law or which document prevails?

There is a supremacy of laws and documents. In order of priority its: federal, state and local laws, then our covenants (LUC), articles, and finally by-laws. 

So if several documents or a law and a document conflict, use the hierarchy above. 

That means the HOA Act (state law) trumps our by-laws IF THERE IS A CONFLICT. 

When the board recently considered appointing a board member, Gillian Fryer objected because our bylaws say we have 5, exactly 5 board members, and Merilee would represent a 6th member. 

Mike referred to the HOA Act, which states that we must have 3 or more board members. He said therefore, we could have "as many board members as we want."

That is incorrect because both our by-laws and the HOA Act can be followed without a violation: 5 board members satisfied the requirement of 3 or more, because 5 is more than 3. The HOA Act simply forbids fewer that 3 board members.  

Since there was no conflict, our by-laws should have been followed and we should only have a 5 member board. 

The bigger problem is that the Board constantly ignores our own documents. 

For instance, our covenants, the Land User's Code, specifically says that Reynolds will pay for the roads until 90% build-out. Our By-laws say that the community will pay for the roads. Based on the hierarchy above, the LUC trumps the by-laws, so Reynolds should currently be paying for the roads, since we are no where near 90% built. 

When the Board was first created back in 2005, one of the first orders of business was a vote to make the community pay for the roads. This directly violated the LUC. To make this a legal action, the LUC should have been amended, but this was never done. In addition, this decision directly benefited Reynolds financially, which was a breach of duty on the part of the board, and self-dealing and a conflict of interest on the part of Reynolds. Finally this was not to the benefit of the community and it was an improper use of community funds.

Every year that the Board spends community money on the roads, they are again violating their duty, they are again violating the LUC, and they are again abusing community funds.