New HOA President Needs Help!

Started by JB10 • 7 replies • 1382 views

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JB10 (Texas)
Posts: 1

Posted:

Hi! I would really appreciate some help getting started as the new HOA president. My boyfriend and I recently purchased a condo unit in an 8-unit complex in Houston Texas. I sort of volunteered to be the new president after our insurance policy was cancelled due to lack of payment. Anyway, I have many questions, but the first question I should probably ask is about our legal documents.

I received all of the "stuff" from our previous treasurer but all I can find is something called "Initial Rules", "Condominium Information Sheet", and "Bylaws." The Condominium Information Sheet references a "Declaration" and "Articles of Incorporation" which are supposed to be Exhibit A and B of the Information Sheet but they are no where to be found. Every time I've asked anyone who has previously held any HOA office, they say they don't know. If paper copies were lost, where can I obtain copies of these documents?

Any advice you have would be greatly appreciated.

BamaJ (Alabama)
Posts: 117

Posted:

JB... Your Bylaws are the most important document by far BUT you can find any and all important documents (either online or in person) at your local courthouse where probabe records are recorded and kept on file. Try that first. Read your bylaws over and over and over because they are your primary governing document. I'm sure others will also have good advice for you. Good luck and congratulations on stepping up to "take the reins"!!!

BamaJ (Alabama)
Posts: 117

Posted:

PS Also check online (Google) to find any Texas State laws regarding Condominiums. It is also an important governing document.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

JB

There is hierarchy of laws/documents, etc.

First and foremost are govenrments but let us not argue federal over state...LOL

Generally in a cooperative living arrangement (COA, POA, HOA, etc.) there are Articles of Incorporation/Business, etc. that were filed with the state, county, whatever, saying we/me (whomever) are going to form such and such.

Next came Covenants, Conditions and Restriction (CC&R's) which may or not have been filed with the Articles of Incorporation. More then likely they were but it can vary from state to state.

Next came Bylaws which may or may not have been filed with whomever.

Next came Rules and Regulation (R&R's) which may or may not have been filed with whomever.

In this hierarchy nothing lower can override anything higher. A R&R cannot override a Bylaw, a Bylaw cnnot override a CC&R, etc. It can define/clarify, but not override.

In an association it usually takes a majority of owners to modify/change a CC&R and/or a Bylaw. R&R's can usually made by the Board Of Directors (BOD) without the owners consent.

Now the tricky part. Usually the declarant (developer, builder, originator, etc.) does not have to turn control over to the owners until a specific time/event occur. Until such time (lots sold, date, etc.), the declarant can usually change whatever they wish to change without owner consent. They control the association until said turn over control occurs.

Hope this helps.

WillK1 (New Jersey)
Posts: 43

Posted:

In Nj you can order online from the state web site a bunch of state-related stuff like the articles for $30 a set. We wanted the original and an update, so we had to pay $60. Maybe TX has something similiar. It was part of the Division of Revenue, Business Records Service.

Looks like your Secretary of State might have similar info. Might try and give them a quick call.

Btw, it's nice to have an clean copy but they just sit around for all the 3 weeks we've had them. Our by-laws and Rules & Regulations have been getting a beating, tho.

I'm a new President, too trying to gather old records and docs, so good luck!

LarryB13 (Arizona)
Posts: 4,099

Posted:

JB:

Start by reading your deed. Somewhere it will state that your property is subject to the restrictions recorded in book xxx, page yyy of the records of zzz county. Those restrictions will be a "Declaration of Covenants, Conditions, and Restrictions" or a "Declaration of Horizontal Regime" or some similar title. You should also see if there are any recorded amendments to the declaration.

Whatever county or municipal agency that records deeds will probably also have a recorded plat for your condo complex. You should have a copy of that as plats often show easements or other dedications that may not be referenced elsewhere.

The Articles of Incorporation will normally be found at whatever state agency regulates corporations. If your state requires periodic reports from your association, request copies of all past reports and be sure that your association is still in good standing with the state.

Whether you can find recorded copies of your bylaws depends on your state law. My state does not require that bylaws be recorded anywhere, but some states require filing them with the county recorder and others require filing them with the state's corporation regulatory agency.

JM10 (California)
Posts: 503

Posted:

My recommendation is that once you find those documents, make copies and put them online in a private blog (only viewable by members). You can also make some documents public and some private.

That why you are not dependent upon any one person to keep the documents.

For a small concerns like an 8-unit HOA, you can post the minutes and financials this way as well as community info.

LynneV1 (South Carolina)
Posts: 211

Posted:

to JohnC46 = I like the info which you posted and I am cutting it and pasting it into my saved emails!! Thanks for the pecking order of things .

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