Document date after amendment

Started by AmyA1 • 6 replies • 895 views

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AmyA1 (Washington)
Posts: 101

Posted:

Last April we completely revised our HOA Bylaws updating the date to "Revised and Adopted April 1st, 2017". We found some items that did not work and during our annual meeting the Association voted to change about 10 items.
My question is when the amendments are made within the document should we change the date to reflect the amendments "Amended January 20th, 2018" or would we make the changes (keeping the Revised/Adopted date) and add an appendix with amendment dates?
We are in Washington State and do not have to record the Bylaws with the County or State.

TimB4 (Tennessee)
Posts: 21,059

Posted:

What the legal answer is, I do not know.

I will tell you what we have done:

Typically, each section is titled (Article X Section y).
After the section we would add as amended on mm/dd/yyyy

For example:

ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetings as amended on mm/dd/yyyy

AmyA1 (Washington)
Posts: 101

Posted:

Thank you, I like that idea.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Keep in mind that the formal amendment should have the correct format (Whereas: Therefore: etc.).

When you incorporate the amendment into the actual document (for ease of reading) you would add (as amended on).

Email me and I'll provide you an example of what I'm saying (but I won't get to it until Monday).

[email protected]

BenA2 (Texas)
Posts: 1,273

Posted:

I'm not sure it matters legally how you label it but a revision and an amendment are the same thing (unless you list amendments as in the Constitution). Whether you are overhauling the bylaws or making one change, I would use the same language. Otherwise it will just be confusing. If I saw April 1, 2017 whether it says amended, revised, or adopted, I would assume that was when the last change was made.

If you use the adopted and revised/amended date, I would use the date the bylaws were originally adopted and the last revision date.

TimB4 (Tennessee)
Posts: 21,059

Posted:

We actually utilized different documentations over the course of many changes.

1) We did the formal amendment (whereas: Therefore be it resolved

. This was made available as an attachment to bylaws.

2) Over time, due to issues of misunderstanding, we utilized the "as amended on" statement for those sections that needed it. This allowed the Association to clean up the printed document and minimized misunderstandings resulting from not reading the amendment itself.

3) As changes grew in number, we finally did an Amended and Restatement of the Bylaws which incorporated all the changes into one document and removed the "as amended on" statements.

TimB4 (Tennessee)
Posts: 21,059

Posted:

smiley face was unintentional.

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