|
|
|
|
|
|
| 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. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
LisaK3
(Wisconsin)
Posts:3
 |
| 06/28/2008 10:06 PM |
|
| I have my ccr, but do not have the by-laws where would I get them |
|
|
|
|
GlenL
(Ohio)
Posts:1375
|
| 06/29/2008 12:28 AM |
|
| You can ask your BOD or Management Company for a copy but there may be a small copying fee. Or you can go online to your County Recorders website and they should be filed there generally as an amendment to the Declarations and you can print them out yourself. |
|
|
|
|
RobertR1
(South Carolina)
Posts:2153
|
| 06/29/2008 12:36 AM |
|
Lisa,
No you don't have you CC&R's )Conditions, Covenants and Restrictions if you don't have your By-laws.
Good idea might be to go to court house and copy all the initial and subsequent documents about your organization. Get some help, beg borrow and pled som assistance. All this information should be readily available to any owner at association office or management office or maybe at presidents or managers house, but it has to be made open for owners inspection.
Be assured that just when some of all this makes sense, you will be pitched a curve bll, but, no mind, keep digging. |
|
|
|
|
MaryA1
(Arizona)
Posts:2243
|
| 06/29/2008 2:56 AM |
|
Lisa,
Not all states have the same requirements. In AZ, the bylaws are not a part of the CCRs or the Articles of Inc. The CCRs must be recorded with the Co. Recorder of the Co. in which the assn is domiciled. The Articles of Inc. are filed with the Corp. Commission but do not have to be recorded. The bylaws do not have to be filed with the Articles of Inc., do not have to be attached to the CCRs and do not have to be recorded. In many instances, the only place to find the bylaws is with whomever keeps the assn records -- the Board Sec and/or the prop. mgr. AZ state law requires that the bylaws be provided, as part of the disclosure package, to all new property owners.
I would start by asking the Board Sec. or the Property Manager for a copy. |
|
|
|
|
MaryA1
(Arizona)
Posts:2243
|
| 06/29/2008 3:02 AM |
|
Hi Robert (aka Teddy Bear!),
Sorry, but I must disagree with your statement: "No you don't have you CC&R's )Conditions, Covenants and Restrictions if you don't have your By-laws." The CCRs and the bylaws are two separate governing documents, neither of which has anything to do with the other. The CCRs outline the use restrictions attached to the property and the bylaws outline the guidelines for managing the business and operating the affairs of the corporation. Some states may require both documents to be recorded or filed with a government agency; however, some states (such as AZ) do not.
|
|
|
|
|
RobertR1
(South Carolina)
Posts:2153
|
| 06/29/2008 5:18 AM |
|
MaryA,
That's my story and I am sticking with it.
Reasons: cc'r's means: Covenants, conditions and restrictions....literally.
Now if you have any kind of covenant or restriction or a new condition, they become part of your governing documents that regulate the association. Now the State and whoever can decree (I guess)anything they want by when any document requires the Regime to act in any way legally, they do so under their documents.
I understand your point and really don't know how each state operates and understand that is a necessity, I still stand with arms crossed over my chest ready to do battle.
And if you should make a run at me I will run and hide, because I am a coward at heart, so..................hows that for "Tap Dancing." |
|
|
|
|
RobertR1
(South Carolina)
Posts:2153
|
| 06/29/2008 5:46 AM |
|
MaryA,
Re-read your explanation about by-laws and would agree if evidence did not indicate otherwise, in my case. Our By-laws contain the entire set of Rules of Conduct for anyone existing in our complex (we're tough, of course we don't know half the time what we are doing). This covers anyone from meter readers to Geaorge Bush stopping on a fun raising trip. Does not include Obama, because I like him. Our rules of conduct are not in our CC&R's, just the by-laws. If you defend with: " well Teddy Bear you need to move them over there, I offer no counter, maybe we should, but nothing like that coming out of my mouth to the Board (after a somewhat checkered relationship) will be met with a favorable response. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|