Drafting Bylaws - Examples

Started by LisaN2 • 11 replies • 2925 views

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

⚡ Takes 30 seconds

Already a member? Log in

LisaN2 (Florida)
Posts: 13

Posted:

Anyone have any examples of bylaws that work well for them ?

We are an established HOA in FL who carries a sizable reserve and has a history of board members abusing privilege. When I joined the board 3 months ago I asked for the bylaws and...eventhough the Articles of Incorporation call for them, none are on file and none of the members has a copy of any. No wonder we've had problems. I am proposing we draft them.

If you have any good examples please pass them on....

Thanks to all.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

I would keep looking. Have you gone to the city to pull the file on every property in your HOA, inquire with the state, etc. Somebody must have them.

LisaN2 (Florida)
Posts: 13

Posted:

We are paying an attorney to research it....we had the same reaction .... can't be true.

MicheleD (Kentucky)
Posts: 4,491

Posted:

The original developer would be a good place to ask.

LisaN2 (Florida)
Posts: 13

Posted:

Good idea we tried he's dead !! No one has a copy of the deed for the common area, deed restrictions, either. Atrocious record keeping. Amazing to me how badly managed a place can be.

GlenL (Ohio)
Posts: 5,491

Posted:

Lisa, another place to check would be with the attorney who drafted the Declarations and who more than likely set up the Articles of Incorporation. His/her name should be on the signature page.

Studies show that 5 out of 4 people have problems with fractions

DanielH1 (California)
Posts: 482

Posted:

If you really have no Bylaws, there are plenty of examples on the Internet.

I recommend getting a bunch of examples and cutting-and-pasting them into a set of Bylaws that you like. Also, scan these forums to find Bylaws issues and write your Bylaws to eliminate these issues. This way, you can address and eliminate the annoying problems that too many Bylaws muddle up, like election by acclamation, Robert's Rules of Order, quorums, elections and so on. I swear, like 95% of the posts in this forum amounts to arguing over junky boilerplate Bylaws (and related documents).

If you go to an attorney, he'll almost certainly pull some boilerplate from somewhere. It'll probably be OK but you'll run into a bunch of interpretation and vagueness arguments that you'll avoid by doing them yourself.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Tons of sample bylaws from google:
http://tinyurl.com/y53b7oc

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lisa,

Contact your County Clerks office as they should have a copy of them on record. Also, your Articles of Inc should name the "Registered Agent" and that office should also have them. Good luck.

LisaN2 (Florida)
Posts: 13

Posted:

Do you guys have any idea how fabulously helpful you are ???!??!?

I've got plenty to work on, including calling the attorneys and registered agents. These things are old, but we might get lucky.

Will post the results back, so that they might be helpful to the next lost soul.

YOU ROCK !!

DavidC24 (Florida)
Posts: 31

Posted:

Most FL County Clerks are online and you can research it yourself. If you don't find by-laws and other governing docs recorded in your county, search the neighboring counties Clerk offices. I have found in my years working with real estate and HOAs that too frequently 3rd parties who files your docs are inept and will file in the wrong county.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Lisa,

Remember to check your States HOA laws and, if incorporated, your States corporate laws for any requirements the Bylaws must have.

Tim

🎯 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