Do You Need Bylaws

I am Treasurer of an Ohio HOA where the HOA began in 1999, we have Declarations, incorporated in Sep 2010, but no bylaws. Under the new Ohio's Planned Community Law do you need bylaws to file liens, and enforce the Declarations?

If your HOA is incorporated, most likely your state's corporate law will require bylaws. Also, according to Tim's post, my understanding is that if there is ever a dispute between the HOA and a homeowner, you're out of luck. Too late to think about drafting bylaws then.

Usually when filing Incorporation papers, the IRS wants to see all paperwork.

Are you SURE you don't have bylaws?

What guidelines are you using to function? How did the board get elected?

Yes Karen as Tim posted you need the bylaws before you can lien. Does your declarations specify that the homeowners must vote on the bylaws or may the Board enact them on their own. You might also check with your County Recorders Office to see if by-laws were ever filed and forgotten about.

http://codes.ohio.gov/orc/5312

5312.02 Applicability of chapter; establishment of planned community.

(A) Any planned community in this state is subject to this chapter. No person shall establish a planned community unless that person files and records a declaration and bylaws for that planned community in the office of the recorder of the county or counties in which the planned community is located.

(B) Any declaration for a planned community shall be accompanied by bylaws that provide for the operation of the planned community. The declaration and bylaws shall provide for all of the following:

(1) The election of the board of directors of the owners association;

(2) The number of persons constituting the board;

(3) The terms of the directors, with not less than one-fifth to expire annually;

(4) The powers and duties of the board;

(5) The method of removal of directors from office;

(6) Whether the services of a manager or managing agent may be engaged;

(7) The method of amending the declaration and bylaws;

(8) The time and place for holding meetings and the manner of and authority for calling, giving notice of, and conducting meetings;

(9) The common expenses for which assessments may be made and the manner of collecting from the owners their respective shares of the common expenses;

(10) Any other matters the original declarant or the owners association deem necessary and appropriate.

(C) Nothing in this chapter invalidates any provision of a document that governs a planned community if that provision was in the document at the time the document was recorded and the document was recorded prior to the original effective date of this chapter.

(D)(1) The board of directors of the owners association of any planned community that is in existence on the original effective date of this chapter shall file and record the bylaws of that planned community that are in effect on that effective date in the office of the recorder of the county or counties in which the planned community is located within one hundred eighty days after that effective date.

(2) The board of directors of the owners association of any planned community that is in existence on the original effective date of this chapter shall file and record the bylaws that are adopted by the owners association on or after that effective date in the office of the recorder of the county or counties in which the planned community is located within ninety days after the date of adoption of the bylaws.

(3) The board of directors of the owners association of any planned community that adopts an amendment to the bylaws of that planned community shall file and record the amendment in the office of the recorder of the county or counties in which the planned community is located within sixty days after the date of adoption of the amendment.

(4) Nothing in division (D)(1) or (2) of this section shall require the board of directors or owners association of any planned community that is in existence on the original effective date of this chapter to adopt bylaws of that planned community.

(5) No board of directors of the owners association of a planned community that is in existence on the original effective date of this chapter shall pursue any civil action against any person based upon any provision of the bylaws of that planned community or upon any amendments to the bylaws until the bylaws or amendments are filed and recorded under division (D)(1), (2), or (3) of this section.

Added by 128th General Assembly File No. 41, SB 187, § 1, eff. 9/10/2010.