Where to file ByLaw Updates

Started by TomW21 • 4 replies • 696 views

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TomW21 (Louisiana)
Posts: 6

Posted:

Hello, my HOA has updated its bylaws and I'm wondering if I need to file them with the county/parish in addition to the Secretary of State?
I'm in Louisiana.

Thanks in advance,

Robby

DouglasK1 (Florida)
Posts: 2,046

Posted:

In most places bylaws don't need to be filed, they are just internal records of the association. That said, it's not a bad idea because they can get lost over time so having them recorded with the county where anybody can find them will keep that from happening. We recorded ours with the county recorder's office the last time we amended them.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

It depends on the state's laws and the Bylaws themselves. Florida requires the original bylaws of an HOA established after October 1995 to be recorded in the county's official records, but not any amendments to the Bylaws.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Save someone in the future some angst by filing them.

Our HOA Bylaws were not filed circa 1995...have original from the developer, but SUPPOSED subsequent modification records - i.e. how they were accepted and when, we’re all lost.

If in doubt, file.

GenoS (Florida)
Posts: 4,276

Posted:

We have always recorded amendments to our Bylaws with the county even though there's no requirement to do so.

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