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SamB5 (Florida)
Posts: 29
Posted:
Is anyone familiar with Florida HOA? Should the bylaws of my association be recorded somewhere? I can find where the initial Articles and Covenants were recorded, but there is no mention of the Bylaws. I ask because there is an unrecorded document floating around from about 5 years ago with supposed amendments to the Article, CCR's and Bylaws. Thank you!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically Bylaws are not filed with the county or State.

Some Condominium Associations do have their Bylaws and Covenants recorded with the Deed. However, that is not always the case.

Articles of Incorporation are filed with the State Corporation Commission
Amendments to the Articles must also be filed to be valid.

The CC&Rs are recorded with the County Property Office (might be the court house) and attached to the deed. Amendments to the Covenants (CC&Rs) must also be recorded to be valid.

DouglasK1 (Florida)
Posts: 2,046
Posted:
As Tim mentioned, bylaws are not required to be filed, and usually aren't. This can lead to them being lost over time as board change and if careless record keeping practices are used. In my association after close to 20 years, the board had somehow lost them, luckily myself and other original owners still had copies.

When our association recently made CCR and Bylaw changes, we recorded both to avoid this problem from occurring again.

Escaped former treasurer and director of a self managed association.
SamB5 (Florida)
Posts: 29
Posted:
Thank you both very much!
GenoS (Florida)
Posts: 4,276
Posted:
Over the last year I've pulled the CC&Rs for several dozen HOAs in my county where such documents are categorized on the Official Records website as "RESTRICTIONS". Anecdotally, the majority of them do include the Bylaws and a copy of the Articles of Association in the same filing. My HOA has always recorded all of our governing documents and their amendments (except for the rules & regulations) with the county.

Is anyone still around from the time that document was passed, Sam? Do they remember the thing? What do the meeting minutes say from that year? Is there any mention of amendments?

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