Lookin for Sample by-laws for very small HOA

SusanL16 (Wisconsin)
Posts: 2

Posted:

We have a 25 lot development in a small rural town in WI. The only responsibility is a small wetlands common area going down to a dock on the river. The developer has sold all his lots and wants to turn it over to us. The HOA is incorporated, and Covenants are recorded so apply to all the lots. He's never charged any fees, and they should be minimal... taxes on the common area are less than $100 a year.

Not surprisingly, there never were any by-laws, so we will need to develop bylaws, primarily for board members and voting.

Would anyone with a similar small association be will to share their bylaws that we could use as a starting point?

Thanks in advance.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

you can easily pull this up on google with this search term:
filetype:pdf Home owners Association Bylaws Wisconsin

vis ta vie

CathyA3 (Ohio)
Posts: 6,299

Posted:

One caution: it's best to have a lawyer involved with this. One of the things they do is making sure that your bylaws don't contradict things such as the covenants (CC&Rs) and state law governing your type of association. People who don't know the laws can get themselves into a world of hurt or set the HOA up for litigation when you make a mistake.

The regulars around here occasionally get into long-winded arguments over what some bit of legalese is actually saying, and these are folks who've been parsing HOA documents for years. It's not a job for someone who has never dealt with these things before.

But I agree that thinking about what works for your community is a good idea since HOAs can vary widely. You'll be more prepared when you do talk to the lawyer.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By SusanL16 on 04/20/2024 11:38 AM

Not surprisingly, there never were any by-laws, so we will need to develop bylaws, primarily for board members and voting.

Why do you say, "not surprisingly"?

I find it a little surprising. Developers who incorporate typically know the basics of what statutes require. For one in Wi, the Wi nonstock corp act requires bylaws.

Did you check with the Wisconsin Secretary of State? Sometimes the latter will have a copy of bylaws on file.

The owners there do not want two different sets of bylaws floating around.

If no bylaws were ever adopted, your HOA will need some sort of authority for how many owners must vote in support of the bylaws for the bylaws to take effect. You cannot just make things up on the fly.

Do check your articles of incorporation for exactly what they say about bylaws. See if the Declaration has some verbiage as well.

The owners there must use an attorney for this. Legitimate Bylaws are so important. Anything less would leave your HOA, board and members wide open to all manner of liability.

LetA (Nevada)
Posts: 2,679

Posted:

This is something you will need a lawyer for. This is definitely something you do not want to shotgun from the internet
and cut & paste. One wrong word or phrase and it could cost your owners a lot of money down the road.

By-Laws are not one size fits all. Real Estate Lawyers will typically have be able to draft your community by-laws that
are tailored to your community dynamics in a few days.

KerryL1 (California)
Posts: 14,550

Posted:

With others, definitely get the advice of an HOA attorney. In Wendy's citation, you can see a nice array of typical formats & topics.

As it is now, do your Articles or CC&Rs state how many directors there must be or which officers you must have?? If not, Wisc. nonstock codes might specify a minimum and the required offices. A lot of what you need in the Bylaws will come from those codes.

Do your Articles or CC&Rs state the % of eligible voters that are required to have a quorum at a members (owners) meeting for the purpose, say, of voting for directors? If not, see Wisc. Codes.

Because misunderstandings are seen so much on this forum: On the samples that you review, note the clear distinctions between directors and officers. Note the clear distinctions between types of meeting of the members (owners) and types of meetings of the board.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

By laws are not necessarily required. They are not required to be filed like the CC&Rs or articles of Incorporation. They can be internal to the HOA.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KerryL1 on 04/20/2024 3:43 PM
With others, definitely get the advice of an HOA attorney. In Wendy's citation, you can see a nice array of typical formats & topics.

As it is now, do your Articles or CC&Rs state how many directors there must be or which officers you must have?? If not, Wisc. nonstock codes might specify a minimum and the required offices. A lot of what you need in the Bylaws will come from those codes.

Do your Articles or CC&Rs state the % of eligible voters that are required to have a quorum at a members (owners) meeting for the purpose, say, of voting for directors? If not, see Wisc. Codes.

Because misunderstandings are seen so much on this forum: On the samples that you review, note the clear distinctions between directors and officers. Note the clear distinctions between types of meeting of the members (owners) and types of meetings of the board.

sound advice.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Note: Be sure to read your applicable corporate statutes (typically non-profit or not-for-profit), as they will mention specific requirements for bylaws.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

if you do hire a lawyer, you need to minimize their scope as much as possible because some will try and bill you for ridiculous things, like $100 for sending a thanks for doing business email at the end. Say you only want the one document reviewed and redlined. you dont want forms made up to submit the bylaws to any governmental agency nor do you want any additional emails read, etc. Refuse to have any consultation meetings. Just mark up the document with changes and that's it.
We had a lawer quote us substantially less than $1500 for adding a rental provision and they tried to bill us $2000 for the crappiest corporated rental provision I've ever read with no grandfathering, hardship or other typical clauses.
the more homework you do upfront the less likely you will be screwed.

vis ta vie

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By WendyM5 on 04/21/2024 8:04 AM
if you do hire a lawyer, you need to minimize their scope as much as possible because some will try and bill you for ridiculous things, like $100 for sending a thanks for doing business email at the end. Say you only want the one document reviewed and redlined. you dont want forms made up to submit the bylaws to any governmental agency nor do you want any additional emails read, etc. Refuse to have any consultation meetings. Just mark up the document with changes and that's it.

Competent attorneys will walk away from any client ordering thusly. Why? Because the law demands thoroughness. No attorney worth his/her salt would agree to review only the one document. Abiding by such a direction from a client is a recipe for a malpractice suit.

KerryL1 (California)
Posts: 14,550

Posted:

Melissa: DO read Elle’s above: Wisc. statutes requires that bylaws for incorporated orgs. like SusanL's HOA.

Melissa, DO read my post of “Open Records on Website,” 04/19/2024 2:36a, showing that even your state requires that an HOA's bylaws be filed with the Sec'y of State. HOA bylaws, then, ARE public documents in Alabama.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By ElleN on 04/21/2024 9:31 AM

Posted By WendyM5 on 04/21/2024 8:04 AM
if you do hire a lawyer, you need to minimize their scope as much as possible because some will try and bill you for ridiculous things, like $100 for sending a thanks for doing business email at the end. Say you only want the one document reviewed and redlined. you dont want forms made up to submit the bylaws to any governmental agency nor do you want any additional emails read, etc. Refuse to have any consultation meetings. Just mark up the document with changes and that's it.

Competent attorneys will walk away from any client ordering thusly. Why? Because the law demands thoroughness. No attorney worth his/her salt would agree to review only the one document. Abiding by such a direction from a client is a recipe for a malpractice suit.

flat fee lawyers are very common. there are even lawyers that write about how to make it the main business model.
this lawyers says pre 1950's most lawyers were flat fee.

https://www.lawclerk.legal/blog/how-to-flat-fee-bill-as-a-lawyer/

vis ta vie

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By WendyM5 on 04/21/2024 11:48 AM

Posted By ElleN on 04/21/2024 9:31 AM

Posted By WendyM5 on 04/21/2024 8:04 AM
if you do hire a lawyer, you need to minimize their scope as much as possible because some will try and bill you for ridiculous things, like $100 for sending a thanks for doing business email at the end. Say you only want the one document reviewed and redlined. you dont want forms made up to submit the bylaws to any governmental agency nor do you want any additional emails read, etc. Refuse to have any consultation meetings. Just mark up the document with changes and that's it.

Competent attorneys will walk away from any client ordering thusly. Why? Because the law demands thoroughness. No attorney worth his/her salt would agree to review only the one document. Abiding by such a direction from a client is a recipe for a malpractice suit.

flat fee lawyers are very common. there are even lawyers that write about how to make it the main business model.
this lawyers says pre 1950's most lawyers were flat fee.

https://www.lawclerk.legal/blog/how-to-flat-fee-bill-as-a-lawyer/

Flat fee lawyers have always existed. I am aware that the internet is driving some interesting practices among attorneys. I believe they will not represent a person or corporation but they will look at the situation and give limited advice.

I expect these discount attorneys are not HOA specialized.

I know you are looking for the best deal in town. One gets what they pay for.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By ElleN on 04/21/2024 1:46 PM

Posted By WendyM5 on 04/21/2024 11:48 AM

Posted By ElleN on 04/21/2024 9:31 AM

Posted By WendyM5 on 04/21/2024 8:04 AM
if you do hire a lawyer, you need to minimize their scope as much as possible because some will try and bill you for ridiculous things, like $100 for sending a thanks for doing business email at the end. Say you only want the one document reviewed and redlined. you dont want forms made up to submit the bylaws to any governmental agency nor do you want any additional emails read, etc. Refuse to have any consultation meetings. Just mark up the document with changes and that's it.

Competent attorneys will walk away from any client ordering thusly. Why? Because the law demands thoroughness. No attorney worth his/her salt would agree to review only the one document. Abiding by such a direction from a client is a recipe for a malpractice suit.

flat fee lawyers are very common. there are even lawyers that write about how to make it the main business model.
this lawyers says pre 1950's most lawyers were flat fee.

https://www.lawclerk.legal/blog/how-to-flat-fee-bill-as-a-lawyer/

Flat fee lawyers have always existed. I am aware that the internet is driving some interesting practices among attorneys. I believe they will not represent a person or corporation but they will look at the situation and give limited advice.

I expect these discount attorneys are not HOA specialized.

I know you are looking for the best deal in town. One gets what they pay for.

If only that was true. the lawyer that I hired was the most knowledgeable HOA attourney in our state, he wrote the only NC legal book I've found and he sucked. It's not what it isn't.

vis ta vie