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Subject: Amendment to HOA Bylaws in Texas
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Author Messages
CamilleP
(Texas)

Posts:1


09/23/2018 11:01 PM  
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? And what if the wording in that ammendment is incorrect?
MelissaP1
(Alabama)

Posts:7767


09/23/2018 11:09 PM  
By-laws typically are not required to be filed. They are internal documents to the HOA. Do you mean Convenants and Restrictions? (CC&R). Those are required to be filed with the county. They are public documents.

Former HOA President
DouglasK1
(Florida)

Posts:1283


09/24/2018 5:56 AM  
In addition to what Melissa said, even if they are filed incorrectly or have bad verbiage, if the association enforced the changes, it would probably require going to court (suing) to have the amendments overruled.

Escaped former treasurer and director of a self managed association.
RoyalpitA


Posts:0


09/24/2018 6:23 AM  
Posted By CamilleP on 09/23/2018 11:01 PM
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? .....




A good question for an attorney !

Our 'internet opinions' are worth about 1.0034 cents (if that).


GeorgeS21
(Florida)

Posts:814


09/24/2018 6:44 AM  
Rpita,

Please stop with the irrelevant comments and be helpful.
BillH10
(Texas)

Posts:294


09/24/2018 8:04 AM  
You should consult with an attorney. If the language is not correct in the filed documents, it may not be enforceable or "legal" but it could require a court to make that determination. Filing in the wrong county could be a problem but one which is easily rectified by refiling in the correct county.

Again, consult with an attorney who specializes in HOA/condominium law.
KerryL1
(California)

Posts:5961


09/24/2018 9:17 AM  
I agree with RoyalPita & Douglas. Most of us are not attorneys
RoyalpitA


Posts:0


09/24/2018 9:26 AM  
Posted By GeorgeS21 on 09/24/2018 6:44 AM
Rpita,

Please stop with the irrelevant comments and be helpful.





BillH10
(Texas)

Posts:254



09/24/2018 11:04 AM Quote Reply
You should consult with an attorney. If the language is not correct in the filed documents, it may not be enforceable or "legal" but it could require a court to make that determination. Filing in the wrong county could be a problem but one which is easily rectified by refiling in the correct county.

Again, consult with an attorney who specializes in HOA/condominium law.




KerryL1
(California)

Posts:5666



09/24/2018 12:17 PM Quote Reply
I agree with RoyalPita & Douglas. Most of us are not attorneys


Same advice - more verbiage



GeorgeS21
(Florida)

Posts:814


09/24/2018 2:17 PM  
Your attitude and childishly weird responses are sufficient to keep those who really need help from asking for it.

Please reconsider how you approach the intent of this forum - whether you are right or wrong is irrelevant.
GenoS
(Florida)

Posts:2525


09/24/2018 3:14 PM  
Posted By BillH10 on 09/24/2018 8:04 AM
Filing in the wrong county could be a problem but one which is easily rectified by refiling in the correct county.

IMO the best answer.
JenniferG12
(Texas)

Posts:103


10/06/2018 12:24 AM  
Posted By MelissaP1 on 09/23/2018 11:09 PM
By-laws typically are not required to be filed. They are internal documents to the HOA. Do you mean Convenants and Restrictions? (CC&R). Those are required to be filed with the county. They are public documents.




In Texas all dedicatory instruments are required by law to be recorded.
JenniferG12
(Texas)

Posts:103


10/06/2018 12:26 AM  
Posted By CamilleP on 09/23/2018 11:01 PM
If an amendment to an HOA bylaw in the State of Texas is filed in the wrong county, is it still legal? And what if the wording in that ammendment is incorrect?




What in the wording do you feel is incorrect?
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Forums > Homeowner Association > HOA Discussions > Amendment to HOA Bylaws in Texas



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