Bylaws

Started by SteveH20 • 7 replies • 1516 views

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SteveH20 (South Carolina)
Posts: 32

Posted:

Does anyone know if it is a requirement (state law or other legal requirement) to file a copy of the Associations Bylaws with the state or county government?

Our Developer filed a copy of the CC&Rs but we can find no copy of the Bylaws. They were not filed with the County and we are trying to determine if they exist.

We are in South Carolina.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Most states By laws are not required to be filed. They are internal HOA documents. However, when we updated our documentation we filed our by-laws along with our CC&R's at the county. By-laws are more living and breathing documents of the HOA and can be changed much easier than the other documents. I've heard you can change some just by having it noted in the meeting notes. Others you have to have a majority vote of the member or the board. It's less labor intensive overall to change your by laws if you do find them.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

If they were filed, they would have been filed with the State Corporation Commission. Try checking there.

JeanneK3 (Maryland)
Posts: 562

Posted:

In Maryland HOA bylaws must be filled with the county's Land Office to be valid. There is no similar requirement for condominiums. Check with your county.
Jeanne

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SteveH20 on 02/02/2013 3:55 PM
Does anyone know if it is a requirement (state law or other legal requirement) to file a copy of the Associations Bylaws with the state or county government?

Our Developer filed a copy of the CC&Rs but we can find no copy of the Bylaws. They were not filed with the County and we are trying to determine if they exist.

We are in South Carolina.

Steve

SC (like many states) does not require the Bylaws to be filed with the Covenants (Deed Restrictions). In SC, Covenants are filed with the County Register Of Deeds so start looking there. While not required, our Bylaws plus Rules and Regulations were filed as Exhibits with our Covenants.

If units have been sold, I can only assume the developer gave someone a copy of the Bylaws somewhere along the line.

I suppose the developer may have never implemented any Bylaws but usually Covenants will refer to Bylaws. The SC Articles of Incorporation for a Non Profit will prevail if no Bylaws. The problem with the Articles of Incorporation is they do not really show/tell/clarify how an association can/should be operated plus they often say so and so should be done unless your Bylaws say otherwise.

Personally I do not see how any Declarants lawyer would have allowed Incorporation and Covenants without Bylaws. Bylaws are really what let the Declarant control things for a specific amount of time.

Who controls your association?

Hope this helps.

KL4 (Georgia)
Posts: 15

Posted:

Here in GA, our bylaws are also filed as an exhibit to our CC&R's.

Current POA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

If recording the bylaws is not required by law then my suggestion is not to do so.

The bylaws are the one document that is wholly in the hands of the association. By recording them, there is an implication that they are carved in stone and cannot be changed. This is not true but one could easily be misled to believe that.

If you do record the bylaws and somehow convince members that, yes, they can be changed, then you are almost painted into a corner where each subsequent revision must also be recorded. If the revisions are not recorded, then there will be nothing in the records to indicate that the recorded bylaws are not the bylaws now in effect.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Larry

I always expected we would have to refile any Bylaw changes we make as ourr are filed with the Covenants but you raise an interesting point. Plus our Rules and Regulations are also filed with the Covenants.

We are beginning a one year turn over form Declarasnt to HOA. It is harmonious and we have discussed Bylaw changes to allow us to better run our HOA and I will put seperating our Bylaws plus R&R's from the Covenants.

Do others have an opinion?

Thanks

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