CamilleP (Texas)
Posts: 1
Posts: 1
Posted:
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? And what if the wording in that ammendment is incorrect?
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Amendment to HOA Bylaws in Texas
Started by CamilleP • 11 replies • 994 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
By-laws typically are not required to be filed. They are internal documents to the HOA. Do you mean Convenants and Restrictions? (CC&R). Those are required to be filed with the county. They are public documents.
Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
In addition to what Melissa said, even if they are filed incorrectly or have bad verbiage, if the association enforced the changes, it would probably require going to court (suing) to have the amendments overruled.
Escaped former treasurer and director of a self managed association.
RoyalpitA
Posts: 195
Posts: 195
Posted:
Quote:
Posted By CamilleP on 09/23/2018 11:01 PM
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? .....
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? .....
A good question for an attorney !
Our 'internet opinions' are worth about 1.0034 cents (if that).
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Rpita,
Please stop with the irrelevant comments and be helpful.
Please stop with the irrelevant comments and be helpful.
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
You should consult with an attorney. If the language is not correct in the filed documents, it may not be enforceable or "legal" but it could require a court to make that determination. Filing in the wrong county could be a problem but one which is easily rectified by refiling in the correct county.
Again, consult with an attorney who specializes in HOA/condominium law.
Again, consult with an attorney who specializes in HOA/condominium law.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I agree with RoyalPita & Douglas. Most of us are not attorneys
RoyalpitA
Posts: 195
Posts: 195
Posted:
Quote:
Posted By GeorgeS21 on 09/24/2018 6:44 AM
Rpita,
Please stop with the irrelevant comments and be helpful.
Rpita,
Please stop with the irrelevant comments and be helpful.
BillH10
(Texas)
Posts:254
09/24/2018 11:04 AM Quote Reply
You should consult with an attorney. If the language is not correct in the filed documents, it may not be enforceable or "legal" but it could require a court to make that determination. Filing in the wrong county could be a problem but one which is easily rectified by refiling in the correct county.
Again, consult with an attorney who specializes in HOA/condominium law.
KerryL1
(California)
Posts:5666
09/24/2018 12:17 PM Quote Reply
I agree with RoyalPita & Douglas. Most of us are not attorneys
Same advice - more verbiage 
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Your attitude and childishly weird responses are sufficient to keep those who really need help from asking for it.
Please reconsider how you approach the intent of this forum - whether you are right or wrong is irrelevant.
Please reconsider how you approach the intent of this forum - whether you are right or wrong is irrelevant.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By BillH10 on 09/24/2018 8:04 AM
Filing in the wrong county could be a problem but one which is easily rectified by refiling in the correct county.
Filing in the wrong county could be a problem but one which is easily rectified by refiling in the correct county.
IMO the best answer.
JenniferG12 (Texas)
Posts: 103
Posts: 103
Posted:
Quote:
Posted By MelissaP1 on 09/23/2018 11:09 PM
By-laws typically are not required to be filed. They are internal documents to the HOA. Do you mean Convenants and Restrictions? (CC&R). Those are required to be filed with the county. They are public documents.
By-laws typically are not required to be filed. They are internal documents to the HOA. Do you mean Convenants and Restrictions? (CC&R). Those are required to be filed with the county. They are public documents.
In Texas all dedicatory instruments are required by law to be recorded.
JenniferG12 (Texas)
Posts: 103
Posts: 103
Posted:
Quote:
Posted By CamilleP on 09/23/2018 11:01 PM
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? And what if the wording in that ammendment is incorrect?
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? And what if the wording in that ammendment is incorrect?
What in the wording do you feel is incorrect?
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