Amended Bylaws

Do we have to register our amended bylaws with the state (TN) only info I found was related to condos. We are a 215 home subdivision. Would we still be governed under the horitonal statues that relate to condos

Yes , newly elected board during a special meeting. The meeting removed the board and amended the bylaws. One of the board members and manangement company are at odds on rather these amendments need to be recorded with the state. I wanted to see if anyone knew, from what I read the TN statutue the mgmt company reference relates to condos.. The secretarty is refusing to record them cause she feels that it isn't necessary

The Convenants and Restrictions are filed at the COUNTY level. The Articles of Incorporation are filed at STATE level. The By-laws are living breathing documents of the HOA. They do NOT have to be filed county/state or otherwise. You can file them with your CC&R's but it's not necessary.

By-laws can be changed easily and kept within the HOA confines. A lawyer once told me that by-laws can be ammended as easily as making a change to the HOA's meeting notes. If the majority of homeowners per the majority required in the document agree to the change, it's good.

It is the CC&R's that are more legally binding. You can get a copy at your local courthouse in the records department. That will allow you to see what actual copy is filed and what needs updated. There can be several versions out there amongst the owners. It's best to start with the copy on file.

The By-laws are living breathing documents of the HOA. They do NOT have to be filed county/state or otherwise. You can file them with your CC&R's but it's not necessary.
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Merlissa, you are wrong, and I told you that before. Pls be careful.

Ebony,

I could not find anything within the TN Nonprofit Corporation Act that required filing of bylaws.

However, per the TN Horizontal Property Act, 66-27-107 and 66-27-111, the Bylaws do need to be recorded and attached to the deed if the act applies.

As for the Act applying to your Association or not, I don't know. Per that act (as I'm reading it), 66-27-103, an Association may chose to be governed by the act or not. Therefore, it will depend on the specifics of your development and Association.

Hopefully Donna, who is from TN, will weigh in on the discussion and can shed some better light on the issue.

Hope this helps,

Tim

Here is a link to the TN Code
You will need to scroll down and open up the tree of the specific sections: Title 48, chapter 51 for Nonprofit Corporation Act and Title 66, Chapter 27 for the Horizontal Property act.

Here is the specific language of 66-27-103:

66-27-103. Horizontal property regime -- Planned unit development -- Establishment.

(a) Whenever a developer, the sole owner, or the co-owners of a building expressly declare, through the recordation of a master deed or lease, or by plat, which shall set forth the particulars enumerated by § 66-27-107, their desire to submit their property to the regime established by this chapter, there shall be thereby established a horizontal property regime.

(b) If there is substantial compliance with this chapter as pertaining to private elements, and if an appropriate legal opinion is obtained from an attorney licensed to practice law in Tennessee to the effect that all legal documents required in this chapter for the creation of a planned unit development are attached and therefore a planned unit development is created under this chapter, then a planned unit development shall be deemed to have been properly organized and constituted under Tennessee law. All planned unit developments shall require a declaration, bylaws, a plat showing private and common elements, a townhouse corporation, charter and an attorney's opinion.

Thanks for all the discussion and Tim for showing me the other statue that I had not read. We asked an attorney (for free) and he agreed that the horitonzal statue was for condimoniums. We do not have to record our bylaws with the state, just ensure each homeowner gets a copy of the amendment. And we will revise our bylaws and place the revisions on the website...