HOA Bylaws

Started by TanaraB • 9 replies • 1394 views

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TanaraB (North Carolina)
Posts: 3

Posted:

We have many issues with our current board and are trying to build a new board. In doing so, we felt it in our best interest to better understand our current bylaws, section by section but I am not well versed in bylaws and they are a bit confusing to me. Where can I go (for free) to obtain a breakdown or get a better understanding of what each article means?

TimB4 (Tennessee)
Posts: 21,062

Posted:

This forum works well for that.

Bylaws are typically based on your States corporate laws. Therefore, you should also review those as well.

ElizabethA2 (North Carolina)
Posts: 7

Posted:

If there are any other HOA in your area, I'd call them and ask them for a copy of there By Laws. Tell them what you are doing, of course.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Roberts Rules also contains a section on bylaws, the articles contained in bylaws, and a sample. You can buy a copy at your local bookstore and almost every public library has a copy.

TanaraB (North Carolina)
Posts: 3

Posted:

I have our bylaws, I am just not understanding what some of it means. Here is what happened (Cliff notes)
Board with only a president, nothing being done actively, trying to place a board to find new management company or hold current one responsible. community is mostly investor owners now and residents do not like HOA because they see no purpose.

We are basically trying to clean up and start over and with no direction.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Are you still under control of the developer or has the membership taken responsibility for running the Association?

TanaraB (North Carolina)
Posts: 3

Posted:

I think the developer picked up and ran soon as they were done with us. We have a management company that many of us are not happy with at all.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Are all the lots sold?

If they are, you are likely under membership control.

If they are not, you are likely still under declarant (developer) control.

JC7
Posts: 31

Posted:

Do you have a copy of your CC&R's? Your By-laws should explain your voting procedure, how many officers are required to serve on the Board and their Term. I would talk to a attorney who specializes in HOA law. Why are you looking for a new management company unless they are horrible they can most always answer the basic questions and should have an attorney they use or can recommend. Check the Davis-Stirling website for general information.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Tanara,

If you would post the section of the bylaws you don't understand, the members of this forum would be happy to provide our opinion on what they are saying.

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