Get 1 year of free community web site hosting from Community123.com!
Wednesday, April 08, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: By-laws amendment change
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
StephenO4
(New York)

Posts:11


03/11/2020 1:44 PM  
If a by-laws amendment is chagedbya 66 2/3% of the owners, does it get forwarded to the State Attorney General Office for approval?
GenoS
(Florida)

Posts:3685


03/11/2020 2:37 PM  
I'm not in NY but I'm fairly sure the answer is 'no'. Amended documents are recorded with the state and/or county but they don't "approve" anything.
KerryL1
(California)

Posts:7052


03/11/2020 3:38 PM  
Geno's probably right. In CA the only requirement is a general notice to the HOA membership. But, NY?
MelissaP1
(Alabama)

Posts:9136


03/11/2020 4:42 PM  
When we filed ours we did so with the county via our lawyer. By-laws are not required to be filed but CC&R's are. We changed both and filed both at the same time. There is a fee to pay for this. It was not free. Believe it was about $700.

Former HOA President
GeorgeS21
(Florida)

Posts:2338


03/11/2020 5:10 PM  
One reason to record is in case the material is lost ... this happened in my rental neighborhood ... president elected, took all records to his house, left boxes in garage, died the next weekend, and his family threw everything away.

We recorded the next changes in the bylaws.
MarkW18
(Florida)

Posts:748


03/11/2020 5:21 PM  
Why not have the agent responsible for the corporation handle the corporate records, especially its governing documents.
MelissaP1
(Alabama)

Posts:9136


03/11/2020 5:47 PM  
It is to be noted that CC&R's, By-laws, and Articles of Incorporation are considered "Public" documents. They are to be available to anyone who wants to view them. Which means to have them on file in a public records department. Hence why the changes have to be recorded to become official public records.

Former HOA President
AugustinD


Posts:2948


03/11/2020 5:51 PM  
Posted By StephenO4 on 03/11/2020 1:44 PM
If a by-laws amendment is chagedbya 66 2/3% of the owners, does it get forwarded to the State Attorney General Office for approval?
From the New York Department of State, Division of Corporations web site:
"Please note by-laws and corporate books and records are not filed with the Department of State or any other state agency. These are internal documents maintained by the corporation."

Else I agree with the others that, nationwide, recording the Bylaws with the County Clerk is customary.
GeorgeS21
(Florida)

Posts:2338


03/11/2020 6:00 PM  
Actually, don’t think the Bylaws must be recorded - major change in Florida is that the Rules and Regs must be, though.
AugustinD


Posts:2948


03/11/2020 6:19 PM  
You're right. Recording the Declaration is customary. Recording Bylaws is typically optional and not done, in my experience.
BenA2
(Texas)

Posts:629


03/11/2020 7:34 PM  
Posted By MelissaP1 on 03/11/2020 4:42 PM
When we filed ours we did so with the county via our lawyer. By-laws are not required to be filed but CC&R's are. We changed both and filed both at the same time. There is a fee to pay for this. It was not free. Believe it was about $700.



Are you sure that wasn't the attorney's fee? It cost us less than $25 to file a fifteen page document. $700 sounds crazy even if the attorney personally drove to the courthouse to file it.
MelissaP1
(Alabama)

Posts:9136


03/11/2020 8:41 PM  
It depends on each county. There was some legal expense involved of course for filing. Our county is a bit weird and ridiculous when it comes to fees. Remember the charge was eye catching when saw it on the paperwork break down.

BTW: I should have corrected my post. By-laws are NOT public. They are private internal documents to the HOA. They can be filed with the CC&R's but not typically required. Some HOA's find it easier just to file them together which may add to the confusion. Was half asleep when posted.

Former HOA President
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > By-laws amendment change



Get 1 year of free community web site hosting from Community123.com!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







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.
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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement