GaryL3 (Florida)
Posts: 32
Posts: 32
Posted:
Just curious. If condo bylaws are amended are they somehow recorded in the public records? Is there a clearinghouse where you can go to get the most updated version of a condo's bylaws?
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Amended Condo Bylaws in Florida
Started by GaryL3 • 19 replies • 4266 views
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JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Local County Records. Most have a website so you can at least see what type of documents are recorded and the date, to verify if you have most current available.
GaryL3 (Florida)
Posts: 32
Posts: 32
Posted:
Thanks Janet. I'm assuming if they aren't filed then they aren't legal until they are?
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
They are most likely filed. They are also referenced on your Warranty Deed and possibly in your Title Insurance. To be listed in these areas they would have been filed.
PamelaM5 (Florida)
Posts: 85
Posts: 85
Posted:
If you go here and look at the right side of the page you'll find links to every County Clerk's office in FL.
http://www.flclerks.com/directory.html
http://www.flclerks.com/directory.html
GaryL3 (Florida)
Posts: 32
Posts: 32
Posted:
Many thanks.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Sorry Gary ... if you are talking about "amended" documents, then yes they also need to be filed.
GaryL3 (Florida)
Posts: 32
Posts: 32
Posted:
Yes, amended. I received a packet of our condo association docs at the closing, but I have reservations as to how up to date it is. It was just passed on from the previous owner. Any thoughts on how to get the most updated version?
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
To insure you have the most recent documents as I stated above you would need to check with your local County Records office.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Gary,
This would be a perfect opportunity to meet your Board or property manager. Ask them to check out your set of documents against their latest set. I am sure that they would love to know that you are interested in keeping your documents up to date.
If they don't want to help then you go to the website of your COUNTY CLERK OF CIRCUIT COURTS..to see what documents are registered. This is where all of your HOA docs are filed. Try the HOA first tho.
PamelaM5 (Florida)
Posts: 85
Posts: 85
Posted:
Quote:
Posted By DonnaS on 03/05/2011 1:16 PM
Gary,
This would be a perfect opportunity to meet your Board or property manager. Ask them to check out your set of documents against their latest set. I am sure that they would love to know that you are interested in keeping your documents up to date.
If they don't want to help then you go to the website of your COUNTY CLERK OF CIRCUIT COURTS..to see what documents are registered. This is where all of your HOA docs are filed. Try the HOA first tho.
Gary,
This would be a perfect opportunity to meet your Board or property manager. Ask them to check out your set of documents against their latest set. I am sure that they would love to know that you are interested in keeping your documents up to date.
If they don't want to help then you go to the website of your COUNTY CLERK OF CIRCUIT COURTS..to see what documents are registered. This is where all of your HOA docs are filed. Try the HOA first tho.
I know that in Lee Co, FL that amendments are recorded as Restrictions, if that will help you sort through everything.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Pamela,
Amendments can be done for Restrictive Covenants, Articles of inc or the Bylaws, all 3 being different in purpose, so restrictions means which? All 3 are filed and Lee County must follow the State Statutes the same as all of the other Counties.
PamelaM5 (Florida)
Posts: 85
Posts: 85
Posted:
Quote:
Posted By DonnaS on 03/05/2011 7:22 PM
Pamela,
Amendments can be done for Restrictive Covenants, Articles of inc or the Bylaws, all 3 being different in purpose, so restrictions means which? All 3 are filed and Lee County must follow the State Statutes the same as all of the other Counties.
Pamela,
Amendments can be done for Restrictive Covenants, Articles of inc or the Bylaws, all 3 being different in purpose, so restrictions means which? All 3 are filed and Lee County must follow the State Statutes the same as all of the other Counties.
I've actually spoken to someone at the Lee Clerk's office twice in the last week while looking for amendments to my ARB rules - which turned out to be misfiled - and this is the information I received. Looking further I found all the amendments my association has ever made to be filed this way, so perhaps it's a good place for Gary to start looking if he's going to search online. My community has thousands of items turn up when you do a search - after 25 years every single mortagage, lien, etc shows up, and being able to sort it helps tremendously.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Pamela,
You will not find ARB RULES in the clerks filings of your HOA documents.. Those ARB and RULES are Board created and changed often in some cases. No, only your Protective Covenants, Articles of Incorporation and Bylaws with any of those being amended are on file.
Also listed will be any documents that go thru the legal system such as lein filings or judgements genereated in the HOA. Never RULES.
PamelaM5 (Florida)
Posts: 85
Posts: 85
Posted:
Quote:
Posted By DonnaS on 03/06/2011 7:09 AM
Pamela,
You will not find ARB RULES in the clerks filings of your HOA documents.. Those ARB and RULES are Board created and changed often in some cases. No, only your Protective Covenants, Articles of Incorporation and Bylaws with any of those being amended are on file.
Also listed will be any documents that go thru the legal system such as lein filings or judgements genereated in the HOA. Never RULES.
Pamela,
You will not find ARB RULES in the clerks filings of your HOA documents.. Those ARB and RULES are Board created and changed often in some cases. No, only your Protective Covenants, Articles of Incorporation and Bylaws with any of those being amended are on file.
Also listed will be any documents that go thru the legal system such as lein filings or judgements genereated in the HOA. Never RULES.
Look at Gary's original post. He already has the ARB rules - he's looking for amendments to the rules, which have to be filed in FL, and someone suggested that he look on his country clerk's website.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Pamela,
I will state this again, rules DO NOT get filed with HOA documents in the clerks office. Those are rules within the HOA and are not required to be filed. They are items created by the Board, normally never voted on by the members.
PamelaM5 (Florida)
Posts: 85
Posts: 85
Posted:
Quote:
Posted By DonnaS on 03/06/2011 12:56 PM
Pamela,
I will state this again, rules DO NOT get filed with HOA documents in the clerks office. Those are rules within the HOA and are not required to be filed. They are items created by the Board, normally never voted on by the members.
Pamela,
I will state this again, rules DO NOT get filed with HOA documents in the clerks office. Those are rules within the HOA and are not required to be filed. They are items created by the Board, normally never voted on by the members.
You can state it all you want, but in FL *amendments* to the covenants, by-laws, etc. - which is what Gary asked about - need to be filed with the county clerk. Not rules or motions passed by a BOD, but amendments voted on by the membership.
Read the original post to see what he's talking about. It might even start making sense.
PamelaM5 (Florida)
Posts: 85
Posts: 85
Posted:
Oh, I think I finally get it. You don't like the word "rules?"
You should have said so.
You should have said so.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Pam,
I know what Gary posted and yes, it was about amendments to his bylaws,
Later down the thread, you stated that "I've actually spoken to someone at the Lee Clerk's office twice in the last week while looking for amendments to my ARB rules - "
This is what I am refering to in my post above. ARB rules are not filed in the clerks office.
FYI, I have 4 rentals in So. Florida and was a Board member for 7 years down there. I do know how the Not For Profits are required to be filed.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Pamela,
es, the use of the word rules is not applicable in what Gary was asking. I might have made that more clear. Sorry to confuse the issue.
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