To File or Not to File

Started by JulieM2 • 2 replies • 979 views

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JulieM2 (Tennessee)
Posts: 11

Posted:

Okay, I need to know what amendments/resolutions/assignment, et al. need to actually be filed at the County Register of Deeds and/or what is fine to sign and file in a notebook. It appears that our Declaration of Covenants and Restrictions and some amendments to it were filed at the Regsiter of Deeds office, but the By-Laws were not.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Someone from your state will be along to tell you your exact steps at the county leve.

Usually, the original bylaws are filed with the State with the incorporation papers, and then with the IRS with the application for not-for-profit status. After that, they don't much care, as long as they get their fees.

Stay tuned for your local county needs.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Julie,

First of all I've never heard of the IRS requiring any documents to be filed with them for nonprofit status. Only if the assn is seeking tax-exempt status under a 501(c) designation does the IRS get involved as they must grant the approval.

Secondly, it all depends upon the requirements of your state. In AZ, the articles of inc. are filed with the Corp Commission and only the CCRs are required to be recorded with the Co. Recorder of the Co in which the HOA is located. You should be able to get an answer to your question by contacting the State Corp. Commission. or whatever the Dept is called that is resp. for incorporating businessses.

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