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IkeW (Texas)
Posts: 11
Posted:
The question has come up on whether our property owner bylaws are legal/valid. A developer created the property owner bylaws in 1984 and made the appropriate filings with the state and county. A year later the developer, and the parties signing and named within the bylaws, filed bankruptcy and all left the state (Texas). In the early 90's another developer came in and completed development of the neighborhood. Does anyone know if the bylaws filed back in 1984 are therefore legal? Many thanks,
Ike
RogerB (Colorado)
Posts: 5,067
Posted:
Ike, I presume the By-laws are still in effect unless they have been changed since then. Of course your HOA should be able to easily change them whenever desired in accordance with the procedures in the By-laws for amending. If silent on how to amend you can probably do so by a 2/3 vote of a quorum of members present at a duly called meeting.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why don't you go to the courthouse and see what is on file. Go to the county's records office and request a copy of the CONVENANTS AND RESTRICTIONS. By-laws usually are the rules of the HOA itself and CC&R's go along with the deed. Most states ONLY the CC&R's have to filed and the by-laws are kept and created by the HOA itself. Each state is different. Your state may require BOTH CC&R's and By-laws to be filed. Don't be surprised if only the CC&R's are present or if there are 2 on file.
It's complicated but the homeowners are responsible for creating, abiding, and keeping the rules of the HOA. So if there are existing documents, the homeowners can change them. The how-to is in the documents.

Former HOA President
IkeW (Texas)
Posts: 11
Posted:
Thanks Roger and Melissa, I will pursue your advice. Many thanks!

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