HOA byLaws

Started by MelindaF • 3 replies • 1368 views

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MelindaF (New Jersey)
Posts: 1

Posted:

In NJ can a board change the bylaws that have been in existence for 20 years without review and approval of the unit owners?

How long does the process take and is there a review by any government authority before they are filed in the county?

Small waterfront 20 unit complex
Thanks

TimB4 (Tennessee)
Posts: 21,059

Posted:

Melinda,

The process to amend the governing documents are typically found within those documents. If the documents are silent, then there is typically something within the State's laws that are applicable. You can access NJ laws at the following link: http://lis.njleg.state.nj.us

According to NJ Corporation laws (which is applicable if your Association is incorporated, and most are),
The Board has the power to alter the bylaws unless the Certificate of Incorporation reserves that right for the members. Therefore, you will need to check your Certificate of Incorporation as well as the actual Bylaws to see how they may be amended.

Hope this helps,

Tim

BjS (Florida)
Posts: 16

Posted:

Check all your documents. We are amending our bylaws and it had two places where it mentioned how to amend itself, in conflict with each other. One place wassay was to refer to the Articles of Incorporaton for the process. Those articles have precedence over the by-laws so that was what we had to use as our process for amending.

So read carefully and then go to your state statute for the association and then for the statute under which your corporation was formed, such as not-for-profit.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Melinda,

Typically an Association is incorporated as a nonprofit. If this is the case for your Association, they must comply with NJ corporate law. It's the corporate laws that typically cover the issues of Bylaws and elections.

Therefore, if your Bylaws are silent on how to amend them, check the Corporate laws.

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