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CindyW6 (Florida)
Posts: 11
Posted:
Can the Board release a new amended By Laws and not file them with the County Clerk? Don't the updated By Laws and Restrictions have to be recorded by pook and page to be considered legal and binding? Otherwise, how would a person be able to track the items they are searching for?
LoriM15 (Florida)
Posts: 1,009
Posted:
FS 720.306 (b) says:

720.306 Meetings of members; voting and election procedures; amendments.—
(1) QUORUM; AMENDMENTS.—

(b) Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association. Within 30 days after recording an amendment to the governing documents, the association shall provide copies of the amendment to the members. However, if a copy of the proposed amendment is provided to the members before they vote on the amendment and the proposed amendment is not changed before the vote, the association, in lieu of providing a copy of the amendment, may provide notice to the members that the amendment was adopted, identifying the official book and page number or instrument number of the recorded amendment and that a copy of the amendment is available at no charge to the member upon written request to the association. The copies and notice described in this paragraph may be provided electronically to those owners who previously consented to receive notice electronically. The failure to timely provide notice of the recording of the amendment does not affect the validity or enforceability of the amendment.

So if your bylaws don't say differently, then a bylaw change is supposed to be recorded.

However, if you bylaw changes don't require a vote of the membership (ours don't - the only vote needed is for a change to the declaration) then this might not apply.

Our board can approve changes to the bylaws, the rules and regulations and our ARC guidelines/community standards. I believe we would record bylaw changes, but not record changes to the other two documents.
ElleN (Idaho)
Posts: 1,335
Posted:
This reinforces what LoriM15 posted: https://beckerlawyers.com/law-does-not-require-recording-rules-news-press/

In short, FS 720 requires HOAs to record amendments to Bylaws.

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