Filing Amendments for DCC&R

I am the new secretary for our HOA in NC. A previous board (2010) revised our HOA bylaws and covenants. There were a few amendments filed/recorded prior to the revision. In 2011 there were two amendments filed/recorded. All of these amendments that are recorded are numbered. (ex: First, Second, Third, etc.) My question is this: Now that the revised 2010 bylaws and covenants include all the previous amendments (those prior to 2010) do I now start over with numbering any new amendment as First, Second, Third and so forth when I file them? Also, I read in another post, that amended bylaws do not need to be filed/recorded. Is this true? Our bylaws state that amended or repealed and new bylaws may be adopted by the affirmative vote of a majority of the directors. I thought any new or amended BYLAW still has to be filed/recorded just like any amendment to the Covenants. Please help.

That's something you need to ask your Attorney or county court house.

Typically when you "Restate" a document, it replaces the original document and all previous amendments. There is typically specific legal language (sometimes required by the State) included in the restated document that specifies the previous documents are being replaced or combined into the restatement.


This requirement varies by State.

In reviewing North Carolina Nonprofit Corporation Act, which typically applies, I don't believe that Bylaws need to be filed. However, any amendments to the Articles of Incorporation do need to be filed.

In reviewing North Carolina Planned Community Act, if applicable to your development, it appears to have no requirement for the Bylaws to be filed. However, changes to the CC&Rs are required to be filed.

In reviewing the North Carolina Condominium Act, if applicable to your development, it also appears to have no requirement for the Bylaws to be filed. However, changes to the CC&Rs must be filed.

Again, to be positive, ask your County recording office and/or your Association attorney.


An amendment to any document must be published to the membership prior to being enforceable. Depending on the document and State laws, an amendment may require to be recorded with the County/State to be valid.

To be sure, you need to read your State laws.