No By Laws ?

there should be by-laws, filed upon incorporation of the HOA. check with your county or state recorder, or whatever agency records business incorporation documents for the state. by laws are the rules of how the HOA is to be managed and run, and I would think they would be the first things done as you build an HOA.

Todd,

What Glen has said about amending the CCRs would be spelled out in the CCRs under "amendments". Most will state they are only effective upon recordation; mine do not state the members must receive a copy to be effective. Some amendments may require the approval of FHA, VA or they may not; it all depends upon what the CCRs say. This would most likely be stated under the article titled "FHA/VA Approval".

Some states may also require that the bylaws be recorded but I believe the majority don't. The developer should really have bylaws as they address elections, meetings (of BOD and members), duties of the officers and a host of other administrative actions. And, even though the developer has the majority of the votes, amendments to the CCRs should be voted on by ALL members of the assn, not just him. The CCR article on amendments will state all the requirements to amend the CCRs. And, as Glen says, they must be recorded at the Co. Recorders office to be official. You may be able to research this if your Co Recorder has a website. Just key in your HOA's name and look for modified restrictions, at least that is what I would look for on my Co Recorders website (MOD RSTR is the abbreviation). Of course you could always as the developer for a copy of the amendment. But, be sure you receive a copy that has the recorded number stamped on it, that way you will know that it is an official copy.