No HOA Bylaws

Started by ChristineS3 • 8 replies • 2314 views

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ChristineS3 (Washington)
Posts: 4

Posted:

We just found out that our Board has been operating without any Bylaws. They thought the developer adopted and ratified Bylaws. Does this make everything they did improper as they had no governing document?

DianeW (Maryland)
Posts: 147

Posted:

I am not an expert by any means but our HOA just went through this. We even had different advisors giving us conflicting informtion. But the concensus turned out to be that as long as we were abiding by the covenants and following state statutes, we were legal. Just start working on your by-laws and get them ratified asap to make things proper. Anyone who wants to say you can do nothing until you have bylaws is mistaken.

ChristineS3 (Washington)
Posts: 4

Posted:

Here the problem - the Board is not adhereing to the CC&Rs. The CC&Rs clearly state that the first Board is to adopt and ratify the Bylaws and no meeting of members can be called to elect a new Board until the Bylaws are adopted and ratified.

My solution to the whole mess is to go back to square one - reinstate the 1st Board, have them ratify the Bylaws and go from there.

DarlaR (Washington)
Posts: 2

Posted:

I would like to know how this turned out. We are currently a new board with an inherited CC&R from the declarant. We were told there are no bylaws, but our CC&Rs specifically reference 'our bylaws' on one page. I believe it was probably a cooker-cutter set of bylaws, and they probably didn't pay attention when pasting our community in the spaces necessary. However, I did confirm with the old management company again today that there were no bylaws.

Did everything work out for you Christine?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Chris

Why not have the present BOD adopt Bylaws and move on?

TimB4 (Tennessee)
Posts: 21,059

Posted:

John,

Darla reactivated a thread that is over 2 years old hoping to get a status update. I would hope the original issue from 2010 has been resolved by now.

Tim

DarlaR (Washington)
Posts: 2

Posted:

I believe that we will have to adopt our own bylaws and amend the CC&R deleting the bylaws reference. Hopefully, that won't be too hard to do. Guess we'll find out, won't we? :-)

EmmaT1
Posts: 30

Posted:

Hi Darla, I know this is an old thread, still will appreciate your answer to how did you solve the issue? We are facing no bylaws after being administratively dissolved for 8years. The formal board want to vote new bylaws. But it should have been adopted by first board. We are 49 years old HOA acting under the wrong assumption that we had bylaws all the time before. Thank you for any inputs!!!

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By ChristineS3 on 02/12/2010 6:34 AM
Here the problem - the Board is not adhereing to the CC&Rs. The CC&Rs clearly state that the first Board is to adopt and ratify the Bylaws and no meeting of members can be called to elect a new Board until the Bylaws are adopted and ratified.

My solution to the whole mess is to go back to square one - reinstate the 1st Board, have them ratify the Bylaws and go from there.

Without bylaws, how was first board seated and what if they don’t want to be reinstated? Better yet, how do you reinstate them? It can’t be done by an election.

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