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BrendaP5 (Tennessee)
Posts: 44
Posted:
The last amendment recorded at courthouse was in 1010 however there was another amendment in 2020 that’s never been recorded.If they are made aware now can they simply go file them or would everything need redone?
BrendaP5 (Tennessee)
Posts: 44
Posted:
This is in TN
TimB4 (Tennessee)
Posts: 21,059
Posted:
Bylaws are not required to be recorded.

However, since the initial bylaws were recorded, it's best to keep recording amendments and full rewrites. This way, there is zero confusion.

Your board should have an attorney look over the new set for the proper legalize to amend and replace the bylaws that are recorded.
Once that is done, the Association can simply record them.

Note: the lack of recording does not make the amendment unenforceable.
It can create issues if the amendment was ever challenged in court.
BrendaP5 (Tennessee)
Posts: 44
Posted:
What about the requirements and restrictions are the required to be recorded after amended?Thanks for your response
TimB4 (Tennessee)
Posts: 21,059
Posted:
Changes to the Restrictions (also known as CC&Rs, Covenants, the Declaration) need to be recorded.

When my Association amended ours, the attorney required notarized signatures from all owners who voted yes (as this was the witness statements) in order for the amendment to be recorded. Someone in the Association became a notary specifically for that purpose.

My understanding is, the amendment likely will not withstand a legal challenge if it is not recorded.

Additionally, depending on which end of the State you live in, it's possible that the amendment won't be effective until the next renewal of the covenants (typically every 10-20 years).

BrendaP5 (Tennessee)
Posts: 44
Posted:
On the back page of the amendments that was last done in 2020 that was never recorded all board members and aecc members signed and dated but nothing was notarized.Can they simply decide to go record these now after all this time and it be legal?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By BrendaP5 on 02/05/2024 3:55 AM
On the back page of the amendments that was last done in 2020 that was never recorded all board members and aecc members signed and dated but nothing was notarized.Can they simply decide to go record these now after all this time and it be legal?

That is something you will have to ask an attorney.

Personally, I would go ahead and record it once it is verified that there were enough signatures and, if done at a meeting, proper notice with a quorum (person or proxy) present.

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