HOA Free Bylaw Templets

Started by RyanC3 • 4 replies • 3608 views

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RyanC3 (Illinois)
Posts: 1

Posted:

I was recently voted on the BOD for our new subdivision. The BOD is in charge of setting up the HOA. None of the BOD has an experience in setting up bylaws. So my question is there a website the offers free bylaw templets that are suitable for most HOA's. Also if any of you could give me some insight on how our BOD should go about this, and things that should be in the bylaws and things that don't have to be in the bylaws, we would appriciate it. I am sure we don't have to reinvent the wheel here.

Thank You

GlenL (Ohio)
Posts: 5,491

Posted:

Ryan are you sure there aren't by-laws already in existence? Usually when the Declarant decides or is required to have an HOA the first step is a corporation is formed by filing Articles of Incorporation. In addition to following the Illinois HOA codes you must follow the non-profit corporations code which usually require by-laws for the corporation to function.

But assuming there truly are no by-laws then the next step is the Declarant files the covenants which sets the conditions by which each homeowner agrees to be bound. The covenants are the WHAT and the by-laws describe HOW the covenants are administered. i.e. the covenants require a five member Board of Directors - the By-Laws describe how they are elected, what their duties are etc.

If you can find websites of HOA's near you they often have their governing documents posted on the public side of the website. There you can read their by-laws
and get s feel for what you want to include. I've attached our by-laws but I must caution that they are for a COA in OHIO and are specific to our Covenants and OHIO 5311 statutes so sections may not apply to your HOA or be allowed under Illinois Law. Your by-laws should be checked by an attorney to make sure they meet your Covenants and Illinois law before you file or try to enforce them.

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NameW (Virginia)
Posts: 74

Posted:

I am not sure how you can have a BOD (Board Of Directors?) and be a member of it without first having the corporation, and I would assume the corporation is the HOA, but your post implies not? In my state most HOA corporations submit the By-Laws at the same time they submit the Articles of Incorporation in order to create a non-stock, not for profit, HOA Corporation.

Are you perhaps on the BOD of the Developer corporation and trying to form an HOA to spinoff control of the development after the units are sold? If so then your group in most HOAs in VA would be both the Declarant and the holder of the Class B shares.

Alternatively, perhaps you mean you are really early in the planning in which case you mean you work for the Declarant and you have been appointed to be one of the first Directors and create the HOA. If the latter choice then your question is appropriate but I don't know where to find a good blank template, perhaps Nexis Lexis or something similar..

Generally speaking many Covenants I have examined (about 20 so far) contain contradictory paragraphs, watch out for that. This can sometimes result from young attorneys using cut and paste when pirating clauses from different documents into a new document. Amending Covenants with errors is a total pain often requiring the homeowners all (or at least 2/3 of them) fully agree to the amendment.. Likewise watch out for clauses in both the By-Laws and the Declaration of Covenants that disagree. Nothing bolluxes up a meeting like having one document require a 51% vote while the other document requires a 75% vote, or having something permitted as a 'may' in one, but a 'may not' in the other. Sorry I can't be more help.

MaryA1 (Arizona)
Posts: 388

Posted:

NameW,

I believe some states just do not have laws governing developers. In AZ the developer is required to form a corporation which means also writing up bylaws even though they are not required to be recorded as the CCRs are. When this is not a requirement of the developer some will just not do it which makes it very difficult for the HOA board. To me it's like putting the cart before the horse.

HeatherB4 (Florida)
Posts: 51

Posted:

I found this today...

http://www.condoassociation.com/sample-documents/tabid/86424/Default.aspx

I hope that helps

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