Stand Alone Recording of Bylaw Amendments

When I examine our county's official records in Florida, I have noticed that amendments to the HOA Bylaws never seem to be recorded as "standalone" documents. As far as I have observed, bylaw amendments are always recorded together as a group with the other two governing documents in hierarches order (Declarations First, Articles second, Bylaws third). Why do I never see amended Bylaws recorded as a "standalone" document. Is there any Florida law or ordinance that would prevent our association from recording our member approved "Amended and Restated Bylaws" from being recorded as a standalone document. We also (at the same time) want to record our recent membership approved "Amended Declaration of Restrictions." However, It seems to be common practice to record "Declarations" as standalone documents. I could record the new amended Declarations and the new amended bylaws together under one county instrument number, but we would prefer that each be recorded separately, each with its own unique recorded instrument number. Is there any problem with recording the new amended Declarations and the new amended Bylaws separately so that they each have their own unique instrument number? We have to record these two documents so any help would be appreciated.

Thanks LarryB13. In Florida, all governing documents (Declarations, Articles, and Bylaws) must be recorded in the county public records. Our HOA members recently approved amendments to both the Declaration of Restrictions and the Bylaws. When I examine the county records in Florida, I have seen that the Declaration of Restrictions (CC&R) are often recorded as a standalone document. However, I have never seen the Bylaws recorded as a stand alone document. Bylaws are always recorded as an "Exhibit" to the Declaration of Restrictions (often referred to as the CC&R). I am just wondering why the Bylaws can not be recorded as a standalone document. Why must it be recorded as an Exhibit to the CC&R under the same county instrument number. Is this a Florida thing -- or do other states also require Bylaws to recorded an an exhibit to the CC&R ?

CC&Rs always needed to be recorded. Then in 1995, FL amended 720 and added the requirement that Articles and Bylaws also be recorded. I would guess that the practice of linking them all together with a single instrument number became the new standard that the FL recording offices decided to adopt.

BobW17 Fla

Although your post cites a Fla HOA scenario & therefor ch 720 it may be that the titles offices prefer - ? as a matter of "Registrar's judgement" or policy choice ? - to ( over-) apply the following as if from Ch 718 condos :

718.112 By-laws
(1) (b) (b) No amendment to the articles of incorporation or bylaws is valid unless recorded with identification on the first page thereof of the book and page of the public records where the declaration of each condominium operated by the association is recorded. So true "free standing" as precluded there, may hint at past problems.

One concern may also be orphaned or incorrectly citationed By-laws.

( My jurisdiction has legislated the compulsory registration of condo By-laws since the mid 1960s, but not of mere condo Rules. Registration deems notice of what should have been read. I would be filled with dread as a condo buyer or lender to risk investing where condo by-laws are not a matter of public registration. However my own non-condo Building Scheme's CCRs are registered, but the thankfully voluntary HOA has nothing legal to be registered.)

This would imply that an amendment may be recorded without having to restate or re-record the entire package.

The catch is how much does it cost to "register" modified documents. In SC it is a simple one time $25 fee regardless of the amount of homes or modifications. We have our Covenants, Bylaws, and Rules & Regulations registered.

In some states the charge is much more to modify so best not to have all docs registered as it can get costly.

Good digging by NPS. I tried but failed to find a relevant, simple Florida land registry law comparable to conventional stuff like a Land Titles Act etc, but its like cat-juggling. Looks very localized, entrepreneurial as ended here in 1850s.

It does say that which I find most interesting because FS 720 didn't even exist prior to the year 2000. Perhaps it's leftover language from one of the other statutes.

We have had one amendment in 2008 regarding rentals. It was recorded at the county clerk by itself. In the document, it clearly references the original Declaration of Covenants and Restrictions, and lists the book and page number. The Declaration is the first in the group of the 3 documents (Articles of Incorp and Bylaws). I have never seen this done differently for any other associations and in fact, it makes life easy not to have to look for these documents separately.

When the HOA started changing things the attorney filed the by-laws separately. It made many references to the covenants. I think they filed it at around the same time they amended the restrictions because the c&rs referred people to the Bylaws for details. All previous by-laws were never filed.