Are ByLaws Valid?

Okey dokey, here's my question. A HO brought it to my attention that the Bylaws were revised a few yrs ago under the name of our old association. Our association changed it's name decades ago, but the ByLaws were never updated to reflect the name change. Are they valid?

I just checked and the CC&Rs are also using the old name. Any idea what it would cost to make these name changes?

You want the good news or the bad news? It not only takes money but a vote of 90 - 100% of the membership to change. It depends on what that requires. By laws and articles of Incorporation takes less percentage. Usually 51 - 75 % of the owners. It also may require a special meeting. Which may have a way around if going door to door is easier.

The cost entails not only lawyer expenses but actual filing charges. We spent around $750 just for filing at the courthouse. The legal costs were about $1500- 2000. There is also copy fees. Which may charge owners for that if that will be agreeable. So plan on spending upwards to $5000. It depends on how lawyer savvy you are.

It took us 3 years to make 5 -7 changes and $ 3000 from all the boards works. We also removed the developers name and voting system. I would suggest making other changes like reducing the number required to change the documents next time. Still takes a majority vote but something obtainable.

Remember the rules you all make are the ones you all want. So take this opportunity to change rules that no longer valid, allows green energy, satelite dishes, and reduce board members if need be. It is good to do this every 5 -10 years for any HOA.

I thought that would be the argument... Not going to pay HO... Typical... They have to pay or get liened/foreclosed. Name or no name your HOA still has bills to pay.

If they threaten to sue, just tell them go ahead and wait on the paperwork. Suing your HOA is suing yourself and your neighbors. Do NOT knee jerk react to those who want to protest by not paying or threaten false lawsuits.

Set a policy of when you do lien. We have a 6 months behind we lien. So protestors have 6 months to do it or pay up.

What bills do you all have?

Oh and I would tell the HO that they can pay the whole bills instead of splitting the costs amongst all HO's... They then can wait for everyone to reimburse them once they do if they want to play games. Your new to this so come here and review some older posts. We encourage questions.

We are NOT professionals or lawyers. We have just been there and done that. Just keep in mind to see what state we are from and the number of posts under the names. Every state and HOA is different. So not everything will apply. It will give you direction

Ralph,

I'm glad you found your answer. It may be possible for the Board to simply correct the name on the documents without a membership vote. Check with your Association attorney to be sure.

As for the member who pays what they can toward the assessment but is always paid in full by the time the payment is due - be glad that they are paying the assessment. Just as your credit card company would have to live with you making small payments throughout the month vs. just one payment when the bill is due, the Association has to do the same.

This is the kind of sh...stuff that happens when associations try to save a few bucks with do-it yourself lawyering. Now I'm no big fan of attorneys and I'm all for saving a buck or two but more often than naught you spend that buck or two you saved along with a lot of their friends, straightening out the mess. If in doubt hire a professional or do you also try to save money with that do-it yourself dentistry and the home lobotomy kit?