Bylaws Request

if you are incorporated:

are you an actual owner/member ? only owners may be members of the HOA ! if you live there but are not an actual owner you are (legally) a tenant (whether you pay rent or are a family member)

assuming you ARE a member of the incorporated association:

probably not

check with your 'SECRETARY OF STATE'

check your state's not-for-profit corporate law

send the 'registered agent' of the HOA, Inc. a CERTIFIED letter requesting the CCRs (filed with your deed at the registrars office) ~ the articles of incorporation (filed with the sec.of state) ~ the HOA, Inc. by-laws (may or may not be filed with the registrars office)

good luck

last resort: an attorney

CAVEAT EMPTOR

Kevin,

If your Association is incorporated, most are, then corporate laws would apply.
Typically, Associations incorporate as a non-profit corporation.
If this is the case with your Association, then the Indiana Nonprofit Corporation Act of 1991 would apply.

If you read those statutes, specifically IC 23-17-27-1 & IC 23-17-27-2 , you will discover that, per law, members are entitled to see inspect and copy those records. Note: the Association could charge a fee for copies.

I would suggest sending a polite letter via certified mail to the board requesting to view those records.
If the board refuses, you will then have documentation that you complied with the law with your request and the Board failed to comply with the law. With this documentation, you could then petition a court to have the Association produce those records for you.

Sometimes you need to demonstrate that you know your rights. Therefore, when you write your polite letter, cite the applicable laws and any sections in your governing documents.

Something like:

Dear Sir,

In accordance with Indiana Code 23-17-27-2, I am requesting to inspect the following documents:
list

If the Board prefers, under IC 23-17-27-3, you may simply provide me with a copy of the requested records.

Please be aware that since it appears that there are issues between you and some members of the Board (based on the comment from the President you included in your posting) you will likely not be making any friends making the request this way.

send the letter to the corporation's 'REGISTERED AGENT'

Before I would get the courts involved and pay an outside attorney to lean on them. I would just ask the HOA attorney for the docs. FYI - they should have been given to you at closing.
There is no reason that the HOA attorney would not give them to you. They are basically a public record.

Which HOA I am apart of is irrelevant, I am merely seeking information related to my rights to copies of the Bylaws. From what I have researched I am entitled to the information. I just wanted to ensure I was not making an unusual request.

On another point, is it possible the Bylaws could include a law that the only Office Holders of the Board are able to have a copy of the bylaws? I don't see how that would be legal, but is an interesting question. I do appreciate the responses as they confirm what I have already concluded.

Thanks again.

The bylaws always exist for corporations. The purpose of the bylaws is to record the laws/rules that govern the corporation. Such as board members, terms of office, annual meetings, etc.

The purpose of the CC&R - Covenants, Conditions and Restrictions is to record the laws/rules that govern the land. This will include architectural rules such as types of fences, and more.

I have seen some HOA's not have by-laws. Since they don't require being filed anywhere, they tend to get lost. Especially in older HOA's who have been neglected on or off over the years. It's not to say they can't be recreated. That is a project to under take. There are some HOA's that only have Archectual Committees (ACC). So I can see how this HOA may not have a copy of the by-laws available. It's most likely just the CC&R's which are Public documents and available at the court house.

The Bylaws (and CC&Rs) in our development are published on our community website and are open for anyone to read.

I periodically read post after post and wonder what the Boards of these communities have to hide. Publish everything possible and let everyone know what is going on in your community, be as open and honest as possible.

The other thing I always wonder about when people post about a Board that is not doing their job, operating in secrecy, violating the covenants, bylaws, etc.; don't you people ever have elections??? Vote these people out....replace them with people who are competent.

PS If you don't have a web site, get one.

A group of members obtained signatures and submitted the petition to the board for a special meeting. They did not call one and after 30 days this group of members sent notice of a meeting. 2 weeks later we received notice that the bylaws have been changed. Below are some highlights. Section 3.06 last line is one of my favorites.

I am completely dumbfounded at what they are attempting to do. Essentially as a member the only thing I can do is pay my dues. I am not allowed to vote in any election nor for/against the budget.

Section 2.03. Special Meetings. Prior to Applicable Date, only the board may by written petition
sign for not less than 2/3 of all Board members the special meeting request.

Section 2.04. Notice of Meetings. Only the Board of Directors may call a regular or special meeting.

Section 2.09. Proxy~ Absolutely no proxy is permissible by any director and or its board nor any
resident for any reason therein for any annual, special or other deemed meeting.

Section 3.02. Eligibility. No person shall be a Board Director unless elected and approved through
vote and agreement therein of the current and operating board of xxxxxxxx. Nor shall they be
designated unless the board all agrees to the Board person to be active within the board.

Section 3.05. Nomination. Subsequent to the Application Date, the Board of Directors shall be by
resolution establishing such as it deems appropriate governing the nomination of its Board for election
to the Board of Directors. Directors are required to participate in all its board functions for a term of one
year before being considered to hold any official Board position that will service xxxxxx. Upon
completion of sitting on the board for one year, the board may nominate the Director for election for
the term of the office He/She is interested in holding.

Section 3.06. Election. Subsequent to the Applicable Date, Directors shall be elected at the annual
meeting provided in Article 2 prior to the annual meeting and conducted before the annual meeting for
its held positions therein for the future business year. The Board, may, by resolution, establish such
election procedures as it deems appropriate for its function. Voting for the Board of Directors shall be
by secret written ballot and shall contain the name of the person nominated for the election. Only the
board has the legal rights to elect and to conduct voting for the board.

Section 3.16 Duties. It shall be the duty of the Board of Directors to:
(f) Approve of Annual Budget;

ARTICLE 6
CORPORATE BOOKS
xxxxxxxx shall maintain all records required by the Act and shall permit only the Board
and its Board of Directors to inspect and copy such records to its extent and on the conditions of its own
concerns therein as specified in the Act.

Section 7.07. Auditing. If requested by any Board member only, xxxxxxx shall at the close of
each fiscal year be audited by the Board of Directors only whose report shall be prepared and certified
by the board and an independent accordance with generally accepted auditing standards. A copy of
such report shall be distributed between each Board of Director whom requested the copy thereof.

The bylaws may be registered with the clerk of court in the county where corporation was incorporated

Kevin

Is your association owner or developer controlled?

You do understand the by-laws are pretty much irrelevant? The CC&R's trump them each and everytime... Just sayin...

I just read the Bylaws of Countryside Homeowners Association in Westfield, IN to visit some of the laws of Indiana. In my expert opinion, you have a rogue Board in operation there. It appears they re-wrote the Bylaws WITHOUT membership approval. Only the Board can elect Board members, get me a break.

I would highly recommend getting a group of homeowners together and taking legal action. Remember this is your community, not theirs alone.