Where are Bylaws recorded?

Anybody know if HOA bylaws are recorded anywhere? Here in PA our declaration is recorded with the County office of deeds. They do not have a copy of our bylaws.

Any suggestions on where else to look or are the Bylaws not "recorded"?

Joseph

Here is a link to the Uniform Condominium Act for Pennsylvania...

http://northpointliving.com/uploads/PENNSYLVANIA_UNIFORM_CONDOMINIUM_ACT.pdf

You may find it helpful even though it does not solve your problem of needing to find the recorded documents specific to your community.

You may find the Declaration and Bylaws recorded with the MASTER DEED to the condominium complex from when it was first prepared for development.

You may also check with the City or County Building Dept to see if the documents they possess from when the condo construction was first proposed for city/county approval.

Also ask neighbors if they have a copy to share and/or see if you can contact the original developer or the attorney who worked with the developer on the project.

If the were recorded, the markings should be on those copies...if not, perhaps they were never recorded and need to be by the sitting HOA Board.

Just a few ideas.

Good Luck.

Joseph

Generally one gets a copy when they close or prior to closing for review. If for some reason you cannot find a copy, then ask any owner. They should all have one.

If not, then do you know who the original declarant was and/or are there any original owners left? I would start looking for a copy of the Bylaws there.

Our Bylaws are filed as an attachment to our CC&R's at the County Register of Deeds.

Hope this helps.

Remember that what is filed and recorded with the Register of Deeds or other authority is THE official document, regardless of what you were given at closing.

The previous owner should be responsible for providing any non-recorded regulations or other pertinent information. Same should be available from the HOA board as well if the previous owner doesn't have it.

No one is responsible for providing any of the HOA's documents. It is the PURCHASER ONLY that is responsible of being informed. The CC&R's and Incorporation documents are considered PUBLIC and thus means anyone can view or get a copy. As for the by laws they are mostly considered "Internal" documents and most states do NOT require them to be filed. However, many HOA's do tend to put them with their CC&R's. It is the CC&R's that give the HOA the most power and rights.

Your BOD should have a copy and request it from them. Otherwise getting these documents prior to purchase are just a courtesy.

Dave,

I am not so sure about this. If state law does not require recording bylaws then bylaws that were recorded would only serve as a snapshot of what was in effect on that date. The board and/or members could lawfully amend any or all of the bylaws and not record them.

Personally, I think bylaws are a double-edged sword. Recording them provides notice to all but may intimidate later members from changing the "official" recorded bylaws even though it is within their powers to do so.

I believe that some states require filing the bylaws along with the articles of incorporation. This, to me, seems even worse as there is an implication that by amending the bylaws the members are tinkering with a document approved by the state's corporate regulatory agency.

Also, I think some state require that the articles of incorporation state things that other states would interpret as bylaws such as the number of directors, their terms, how and when elections are held. This means that if the association wishes to change the number of directors that it must amend its articles of incorporation. While great for transparency the process may intimidate those who serve on an association's board of directors.

Here is the issue with By-laws...They are living breathing documents of the HOA. They can change by simply by noting them in the meeting notes or by majority vote of board/general members. The expense involved in filing them with the CC&R's is quite involved too. We did that and had to pay the lawyer and document filing fees. It didn't help much to have them filed together as those who didn't get the original CC&R's through the court house didn't get those either. Most ASSUME the HOA is responsible for giving out the documents. They are not considering you are NOT yet a member of the HOA until you are an owner. Now if the previous owner is required to give a copy differs in each state/situation...

It still comes down to member participation. You are responsible for the effort you take in your HOA. For whatever reason you don't is exactly the reason you don't get what you want...

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.054..HTM - section 5407:
§ 5407. Resales of units.

(a) Information supplied by unit owner.--In the event of a resale of a unit by a unit owner other than a declarant, the unit owner shall furnish to a purchaser before execution of any contract for sale of a unit or otherwise before conveyance a copy of the declaration other than the plats and plans, the bylaws, the rules or regulations of the association and a certificate containing: Laundry list

(b) Information supplied by association.--The association, within ten days after a request by a unit owner, shall furnish a certificate containing the information and copies of documents necessary to enable the unit owner to comply with this section. A unit owner providing a certificate pursuant to subsection (a) is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

(d) Purchase contract voidable.--The purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever first occurs.

In PA I see it as the UNIT owner/seller's responsibility to request the documents from the association.

I cannot find anything on where or if they have to be on file besides they are required above for re-sale