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| Tuesday, January 06, 2009
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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
Messages |
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SusanM1
(Florida)
Posts:2
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| 11/22/2006 10:55 AM |
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| We have recently updated our rules and regulations. We will be distributing copies to all residents but were wondering if it would be a good idea to also record them with the clerk of the court so all new buyers and prospective buyers will have access to them. Is this advisable. (Florida) |
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RogerB
(Colorado)
Posts:3724
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| 11/22/2006 11:40 AM |
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| Yes, it is a good idea to record them. A recent court case I read about had the HOA losing - at least partial due to not having the Rules and Regs recorded. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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BrianB
(California)
Posts:1748
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| 11/22/2006 1:50 PM |
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In arizona, recording of property deeds, CC&R's, etc. is done by the county recorder, not the clerk of the court. The clerk of the court WILL take and "record" items for official court purposes, but they are not the same as going to the county recorder. Items recorded by the court have no bearing outside of a court case, for example.
Tread through that morass carefully. |
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SusanM1
(Florida)
Posts:2
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| 11/22/2006 3:13 PM |
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| Thanks for the quick replies. However there are some intransigent members on our board who oppose anything and everything. I want to record our new Rules and Regulations with the clerk's office and these board members need some additional prodding/convincing. Can you point to any specific news articles, etc. that stress the importance of recording the rules? Recording the Rules makes perfect sense to me but... I am not referring to the Declaration, Articles of Incorporation, or By-Laws which can only be modified by 2/3 of our membership but to the more fluid Rules and Regulations which are put forth solely by board vote. |
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BrianB
(California)
Posts:1748
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| 11/22/2006 3:53 PM |
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Ah... in general, recording those things won't help you much more than not recording them, unless you record them as part of your CC&R's. Typically, recording is done to ensure that you have a complete and legal copy of a set of rules... this "recorded" copy is what the title company uses, what the new home owner must get, etc.. It is the bible they can read before purchasing, to see if they are willing to agree to sign the contract with the HOA. Recording other documents will not necessarily get them into the hands of prospective and new owners, because all title companies are required to give are by laws and cc&r's...
so, total value may be limited. |
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JenniferB1
(Washington)
Posts:2
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| 11/24/2006 4:16 PM |
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Can you make changes to the articles and bylaws in the CC&Rs without a vote by members...our board changed the bylaws to give them power to do so, but it was never put to a vote by the homeowners. What parts of the CC&Rs can you change or edit? It is very confusing.
Thanks,
Jenn |
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RogerB
(Colorado)
Posts:3724
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| 11/24/2006 6:01 PM |
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Jennifer, your By-laws should state how they can be amended. Usually it can be done by the members at a duly called members meeting or sometimes by the Board by a majority of the Board members voting at a Board meeting.
Your CC&Rs should state how they can be amended. It must be by the members and often requires at least 2/3 approval of every owner. Thus an owner not voting is equivalent to a "no" vote. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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| You are not authorized to post a reply. |
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