What if no By-Laws were ever recorded, for seventeen years?

Started by ChuckR • 5 replies • 1696 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ChuckR (Texas)
Posts: 8

Posted:

Here is a question. In Texas, what would happen if an HOA operated for an extended period of time without filing its bylaws nor any of the "amendments" it claims to have adopted, are the "amendments" or even the "bylaws" valid at all?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By ChuckR on 02/10/2009 10:26 AM
Here is a question. In Texas, what would happen if an HOA operated for an extended period of time without filing its bylaws nor any of the "amendments" it claims to have adopted, are the "amendments" or even the "bylaws" valid at all?

Chuck,

I believe this is a question best answered by the State department resp. for incorporating nonprofit corps. Here in AZ, the Corp Commission is the resp. department. The bylaws are not required to be filed with the Commission nor recorded with the Co. Recorder. Amendments to the CCRs must be recorded with the Co recorder in order to be valid; this is generally stated in the Amendment article of the CCRs.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Chuck - where do you think the BYLAWS need to filed? Are you sure you don't have the CCRs and the bylaws mixed up?

What kind of HOA are you? condo?

ChuckR (Texas)
Posts: 8

Posted:

They would be filed in the county clerk's real property records.

ChuckR (Texas)
Posts: 8

Posted:

Susan, I am in Texas. Here, the bylaws of a non-profit corporation must be filed in the County Clerk real property records division.

No, I am not mixing up the declarations of restrictions with the bylaws of the non-profit coproation.

The declarations are filed, but the bylaws were not, and according to state law, they must be filed.

KirkW1 (Texas)
Posts: 1,665

Posted:

The best thing to do is to file the documents. I am not a lawyer (and don't play one on TV). But I would guess that since the HOA has operated without them this long then filing them would be enough to keep the boat afloat.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here