StephenO4 (New York)
Posts: 11
Posts: 11
Posted:
If a by-laws amendment is chagedbya 66 2/3% of the owners, does it get forwarded to the State Attorney General Office for approval?
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By-laws amendment change
Started by StephenO4 • 11 replies • 596 views
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GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
I'm not in NY but I'm fairly sure the answer is 'no'. Amended documents are recorded with the state and/or county but they don't "approve" anything.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Geno's probably right. In CA the only requirement is a general notice to the HOA membership. But, NY?
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
When we filed ours we did so with the county via our lawyer. By-laws are not required to be filed but CC&R's are. We changed both and filed both at the same time. There is a fee to pay for this. It was not free. Believe it was about $700.
Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
One reason to record is in case the material is lost ... this happened in my rental neighborhood ... president elected, took all records to his house, left boxes in garage, died the next weekend, and his family threw everything away.
We recorded the next changes in the bylaws.
We recorded the next changes in the bylaws.
MarkW18
Posts: 1,290
Posts: 1,290
Posted:
Why not have the agent responsible for the corporation handle the corporate records, especially its governing documents.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It is to be noted that CC&R's, By-laws, and Articles of Incorporation are considered "Public" documents. They are to be available to anyone who wants to view them. Which means to have them on file in a public records department. Hence why the changes have to be recorded to become official public records.
Former HOA President
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Quote:
Posted By StephenO4 on 03/11/2020 1:44 PM
If a by-laws amendment is chagedbya 66 2/3% of the owners, does it get forwarded to the State Attorney General Office for approval?
If a by-laws amendment is chagedbya 66 2/3% of the owners, does it get forwarded to the State Attorney General Office for approval?
"Please note by-laws and corporate books and records are not filed with the Department of State or any other state agency. These are internal documents maintained by the corporation."
Else I agree with the others that, nationwide, recording the Bylaws with the County Clerk is customary.
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Actually, don’t think the Bylaws must be recorded - major change in Florida is that the Rules and Regs must be, though.
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
You're right. Recording the Declaration is customary. Recording Bylaws is typically optional and not done, in my experience.
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
Quote:
Posted By MelissaP1 on 03/11/2020 4:42 PM
When we filed ours we did so with the county via our lawyer. By-laws are not required to be filed but CC&R's are. We changed both and filed both at the same time. There is a fee to pay for this. It was not free. Believe it was about $700.
When we filed ours we did so with the county via our lawyer. By-laws are not required to be filed but CC&R's are. We changed both and filed both at the same time. There is a fee to pay for this. It was not free. Believe it was about $700.
Are you sure that wasn't the attorney's fee? It cost us less than $25 to file a fifteen page document. $700 sounds crazy even if the attorney personally drove to the courthouse to file it.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It depends on each county. There was some legal expense involved of course for filing. Our county is a bit weird and ridiculous when it comes to fees. Remember the charge was eye catching when saw it on the paperwork break down.
BTW: I should have corrected my post. By-laws are NOT public. They are private internal documents to the HOA. They can be filed with the CC&R's but not typically required. Some HOA's find it easier just to file them together which may add to the confusion. Was half asleep when posted.
BTW: I should have corrected my post. By-laws are NOT public. They are private internal documents to the HOA. They can be filed with the CC&R's but not typically required. Some HOA's find it easier just to file them together which may add to the confusion. Was half asleep when posted.
Former HOA President
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