very old documents

Started by DebbieM8 • 7 replies • 1407 views

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DebbieM8 (Colorado)
Posts: 4

Posted:

Hi. I recently tried to find at my county clerk's office/recorder where my HOA's declaration, covenants, etc and the database showed no documents. I have a copy of the declaration signed in 1985 and the bylaws signed in 1968. Is it possible these expired or something and now there is nothing recorded? If so, what should the HOA do?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Debbie

Many were filed with the deed at/via the county register of deeds. My copy has the date and time they were filed stamped on the front page.

There have been some discussions that in some states they may expire unless renewed every so many years.

Go online to county register of deeds. Search your association's name and maybe even the original declarant/builder's name.

Hope this helps

GlenL (Ohio)
Posts: 5,491

Posted:

Debbie very possibly they just haven't digitized documents from that far back, probably due to monetary constraints, so you may actually have to physically visit the Recorder's office to view the documents. Even if they had expired which is doubtful the original filing would still be there. As John said you may have to look it up by date but on my copies there is a stamp with the book number and page number where they are filed, so I would also look for that.

Studies show that 5 out of 4 people have problems with fractions

DebbieM8 (Colorado)
Posts: 4

Posted:

Thanks for the info guys. Do you know if any amendments would be filed w/or attached to the orginal documents, or do I have to look somewhere else for them?

GlenL (Ohio)
Posts: 5,491

Posted:

More than likely they would be filed separately, whenever they were recorded and would have a separate book and page number.

Studies show that 5 out of 4 people have problems with fractions

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Keep in mind that By-laws are NOT required by many states to be filed. The CC&R's are required to be filed at the COUNTY level. The Articles of Incorporation are at the STATE leve. By-laws out of courtesy may be filed with the CC&R's but most of the time not a legal requirement.

By-laws by large are considered "In-house" documents. They are more easily changed and ammended by the HOA membership/board. A simple board vote covered in the meeting notes may suffice as a by-law change. A full required majority of membership vote will do it. They are basically the "filler" for where the outline of the CC&R's don't fill.

You may not find a copy of your by-laws anywhere but with your HOA. However, it is your CC&R's you and all your neighbors are legally bound to follow.

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

Take a look at your deed. It should state that your property is subject to a declaration recorded in book xx, page yy.

LawrenceC1 (Georgia)
Posts: 480

Posted:

Quote:

Posted By DebbieM8 on 07/01/2012 6:43 AM
Do you know if any amendments would be filed w/or attached to the orginal documents, or do I have to look somewhere else for them?

Amendments will be filed separately, chronologically in order as they are recorded by the county.

However, each amendment will reference the book and page of the previous amendment and the original filing. So if you find the latest amendment you can track backwards to find all the rest.

Be sure to also try to find the plat for your subdivision. There are often annotations on the property map that affect the obligations of the Association.

You should spend about half a day looking through old books at the county offices, probably in the basement. Have fun!

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