So we have a Declaration that says the first set of the 3 elected Directors (after the initial builder appointed Directors) will serve 2, 1, and 1 years. The Bylaw says - 3, 2 and 1 years. Hence, clearly there is a conflict.
I understand that in case of conflict between the two documents, the Declaration supersedes the Bylaw. However, the Texas Statute states - "Directors other than the initial directors are elected, appointed or designated for the terms provided by the certificate of formation or bylaws". Since the statute supersedes the Declaration, we should follow the statute and just look at the Certificate of Formation or Bylaws for the tenure of the Directors. What am I missing. Thank you for your help.
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