our by-laws are missing

Started by BarbaraL6 • 5 replies • 1366 views

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BarbaraL6 (California)
Posts: 1

Posted:

i've recently taken over as sec./treas. for our very small HOA (7 units/6 members). our pres. (and only other board member) is not very involved so it's fallen on me to mend the gaps. i know very little about running an HOA, and i'm not familiar with all the terms used.
among other problems i've run into, i find that none of the owners (including myself) have a copy of the by-laws or CC&Rs (and i don't even know what CC&R means) does this mean we'll have to re-write them? or would i find them on file with the state?
any advice for this newbie would be much appreciated!
thanks!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

CC&R's are "Convenants and Restrictions". They are the legally binding contract. The by laws are more internal documents of the HOA and not necessarily filed but can be. CC&R's are filed in your local courthouse in the records department. The incorporation docs are filed at the state level. The CC&R's and incorporation docs are PUBLIC records.

It is good to update them and how to do it is in the documents. It is time consuming and requires an attorney. So be prepared but worth it.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hi Barbara,

Welcome to the Forum and thank you for volunteering within your Association.

Sometimes the Bylaws are filed with the State Corporation Commission or with the county clerks office.
Another option would be to contact the Association attorney and see if they have a copy (obviously this will cost some money).
Per davis-stirling's governing documents web page, the bylaws are not required to be filed. However they might have been.

Typically the governing documents include(in order of precidence):

Declaration of Covenants Conditions and Restrictions (CC&Rs) - these are the deed restrictions
Articles of Incorporation (if incorporated - most Associations are)
Bylaws
Resolutions (decisions by the board formalized in writing. Examples include parking plans, guidelines, etc.)

You may find the following links helpful:

davis-stirling.com

California Dept of Corporations

HOA-USA California resource page a good explanation of what each governing document is for.

Community Associations Network California page. They are a sponsor of this site and provide links to State laws and other resources.

Of course, continue to visit this site, ask questions and offer your own opinions. This way everyone can learn from each other.

Hope this helps,

Tim

JohnB26 (South Carolina)
Posts: 1,569

Posted:

DITTO

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Barbara

Welcome.

Hope we all can help you.

Keep one thing in mind and that is state laws/regulations can vary widely, so often ones experience in one state will mean squat in another state.

Again, welcome.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Barbara

No editting on this forum.

Melissa is correct. Start at your local Court House, Registar Of Deeds where the CC&R's should have been filed and recorded. In our HOA, the Bylaws plus Rules And Regulations (R&R's) were also filed with the CC&R's.

Hope this helps.

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