HOA Bylaws

Started by MikeW16 • 11 replies • 1587 views

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MikeW16 (Michigan)
Posts: 14

Posted:

Hi - Our board is circulating a different set of bylaws than what's on record with our county. Can someone please let me know if this is legal? The parts that are different are specifically related to votes and tallies, which for obvious reasons should be handled in a legit manner.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By MikeW16 on 01/11/2016 8:47 AM
Hi - Our board is circulating a different set of bylaws than what's on record with our county. Can someone please let me know if this is legal? The parts that are different are specifically related to votes and tallies, which for obvious reasons should be handled in a legit manner.

In many states, CC&Rs must be recorded, but Bylaws don't have to be recorded. This would also apply to amendments. So if you are in one of these states, the Bylaws may have been amended but not recorded. All legit.

You do have the right to see any amendments. Ask for them.

Sikubali jukumu. Read all posts at your own risk.

RichardP13 (California)
Posts: 3,868

Posted:

Bylaws in Michigan MUST be recorded.

SheliaH (Indiana)
Posts: 6,964

Posted:

Why are they distributing them - are these proposals to change what's on record (which would require a homeowner vote?) What did the board say when you asked them (you DID ask, didn't you?)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well they are distributing them which is a good thing. Many states don't require By-laws to be filed/recorded. They are pretty fluid documents. I also wonder if they are in the process of filing the by-laws? That usually requires a majority of signatures of the homeowners up to 75% to approve. It can cost money to file at the courthouse and may require an attorney. All the changes and details should be in the documents themselves. The CC&R's do trump the by-laws. By-laws typically have a bit more specific detail while CC&R's are more of outline.

Former HOA President

NpS (Pennsylvania)
Posts: 4,216

Posted:

Assuming you are in a condo, here's a useful article on amending docs:

http://micondolaw.com/2015/08/17/when-and-how-to-amend-your-michigan-condominium-documents-part-two-how-to-amend/

Sikubali jukumu. Read all posts at your own risk.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By RichardP13 on 01/11/2016 10:03 AM
Bylaws in Michigan MUST be recorded.

Richard,

I think that that is only a requirement for condominiums Michigan condominium act, see 559.153

HOAs might not have such a requirement as I could find nothing within the non-profit corporation act and there is no other applicable law that I could find for HOAs in Micigan.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Mike,

Are you in a condominium development or an HOA?

MikeW16 (Michigan)
Posts: 14

Posted:

These are being distributed to new home owners.. Yes I asked them and have never received an answer.

MikeW16 (Michigan)
Posts: 14

Posted:

Condominium development

KerryL1 (California)
Posts: 14,550

Posted:

What, Mike, do your bylaws that are recorded state about amending or changing them? Please give us the exact quote.

Just the board's vote?

Or Must Owners vote? What % of Owners is needed to approve the amended bylaws?

Or is the requirement only that owners sign a petition of some kind?

NpS's citation might help you. And tim's too.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Mike,

Contact the Board and ask the following:

1) When were those Bylaws adopted?

If the answer to #1 is a date, ask:

2) Are you aware that in order for Bylaws to be enforceable, they need to be recorded with the County and those are not?

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