Bylaws

[mgcmgc]

What is the name of your state (only U.S. law)? Kansas
I recently moved into a new condo. Prior to moving in I contacted the HOA President and asked for a copy of the bylaws. I was told he had lent his only copy to someone, and that I should have gottn a copy from the previous owner. I also known that the bylaws clearly state that no condo governed by these bylaws can be rented, no business can be run from them, and certain types of vehicles can be parked in driveways. All of these are currently taking place. Any suggestions?

 

[Zigner]

It depends - what are you trying to accomplish?

 

[LdiJ]

What is the name of your state (only U.S. law)? Kansas
I recently moved into a new condo. Prior to moving in I contacted the HOA President and asked for a copy of the bylaws. I was told he had lent his only copy to someone, and that I should have gottn a copy from the previous owner. I also known that the bylaws clearly state that no condo governed by these bylaws can be rented, no business can be run from them, and certain types of vehicles can be parked in driveways. All of these are currently taking place. Any suggestions?

I call BS that the president of an HOA does not have access to a copy of the bylaws. They have an obligation to provide you a copy if you ask for one. Ask again and be firm about it.

 

[Zigner]

They have an obligation to provide you a copy if you ask for one.

Not saying you're wrong...just asking for a cite to this obligation.

 

[LdiJ]

Not saying you're wrong...just asking for a cite to this obligation.

I am not going to go hunting a cite, however, whenever someone is subject to bylaws of any organization, the board of directors/officers of the organization have a responsibility to provide them a copy of the bylaws, upon request. Otherwise, they cannot hold them to the bylaws. That doesn't just apply to HOA's it applies to all organizations with bylaws.

That is really basic Zig.

 

[Zigner]

Now I'm going to disagree with you.

 

[Antigone*]

Shouldn't he have gotten a copy of the bylaws through the escrow process?

 

[CLJM]

What is the name of your state (only U.S. law)? Kansas
I recently moved into a new condo. Prior to moving in I contacted the HOA President and asked for a copy of the bylaws. I was told he had lent his only copy to someone, and that I should have gottn a copy from the previous owner. I also known that the bylaws clearly state that no condo governed by these bylaws can be rented, no business can be run from them, and certain types of vehicles can be parked in driveways. All of these are currently taking place. Any suggestions?

The time to ask for, read and understand the HOA documents, recorded or otherwise, is BEFORE you close on the property!!!
That being said, you should have asked the President to make you a copy and confirmed when it will be available to you.
Please clarify for me, if you don't have a copy of the docuuments, how do you know what they say? And, I might add, the bylaws are about governing guides....the government of the corporation (how it's run). They detail the HOA membership meetings, the necessary quorem and voting, the # Board of Directors and terms, Officers and duties and the like. I believe what you might be referring to are the "CC&RS"----Covenants, Conditions and Restrictions. In those, you will find the powers and generic restrictions. Along with those recorded documents, which pretty much stay the same because of meeting quorem to amend, etc., a community will have guidelines that are more detailed and really encompass what the restrictions are. These guidelines are basically changed, amended, etc. at the will of the BOD----having already been given that power through the recorded documents.

When you get your copy, read them---they will also contain the due process remedies you are afforded.

My suggestion: As a director, I am always glad to see new owners come in and be curious about how the community is run. First thing I do---is ask them what their special interest is and what committee they would like to serve on.

 

[Zigner]

It is my understanding that the OP can be required to pay for the documents...

 

[CLJM]

Shouldn't he have gotten a copy of the bylaws through the escrow process?

I do not know if every state has that law or not. I know that in the several states I have been involved in, a signed receipt for the documents are mandatory at closing. I am not sure if that is a state requirement or as I am more aware of, a requirement of the community itself. Personally, I like it that signatures are required at closing---so many people have no idea they have bought into a restricted community. I also have helped implement a "property approval" before selling (this allows the property to be in full compliance and no problems for the new buyers.

 

[CLJM]

It is my understanding that the OP can be required to pay for the documents...

The "obligation" to distribute to each new owner certainly is placed with the the governing board, the BOD>>>>Management. The Association President certainly would have the ultimate responsibility. (usually delegates)

It has been my experience to distribute 1 copy to each new owner:
(Additional copies may be furnished for a fee.)
1. Articles of Incorporation
2. Bylaws
3. CC&RS
4. Separate guidelines and policies

These must be signed and dated for acceptance.

1. This allows for proof of acceptance and receipt should any problems arise of what restrictions were or were not enforce at the time of ownership/membership.
2. This also helps with "grandfathering issues".
3. In order to have mandatory compliance, a community has to inform in order to enforce; not only pertaining to the rules themselves, but also due process and remediation.

 

[Zigner]

The "obligation" to distribute to each new owner certainly is placed with the the governing board

Ahhh - cite please.

the BOD>>>>Management. The Association President certainly would have the ultimate responsibility. (usually delegates)

It has been my experience to distribute 1 copy to each new owner:
(Additional copies may be furnished for a fee.)
1. Articles of Incorporation
2. Bylaws
3. CC&RS
4. Separate guidelines and policies

These must be signed and dated for acceptance.

1. This allows for proof of acceptance and receipt should any problems arise of what restrictions were or were not enforce at the time of ownership/membership.
2. This also helps with "grandfathering issues".
3. In order to have mandatory compliance, a community has to inform in order to enforce; not only pertaining to the rules themselves, but also due process and remediation.

So, where is the legal requirement for the board to do this? And, as I said, the board could charge for any copies (even the first.)

 

[CLJM]

Ahhh - cite please.


So, where is the legal requirement for the board to do this? And, as I said, the board could charge for any copies (even the first.)

Zigner,

As I said, it has been my experience.
To cite the requirement in regards to distribution of the the HOA documents, one would have to check each state's law to see whether the state addresses and mandates it, and if not, then check each community's documents. Most likely would not be found in the recorded documents, but rather in the community guidelines and policies----because----they are easily changed by the BOD's to reflect and co inside with the changing laws---such as fining and due process afforded to homeowners. The recorded documents outlines the "powers"....once the BOD has the powers, they are at will to easily change any guidelines and policies.
When there is a problem with a property concerning an enforcement issue or lack of, in order for the HOA to prevail legally, they have to prove that the homeowner was informed and given their due process. All HOA's I have been involved in retain an attorney who "oversees" that the HOA is in compliance with what the legal system will require. Sometimes an otherwise "winable" case must be "shelved" because the homeowner was not informed or given their due process rights. That is also why consistent enforement is paramount.

 

[Zigner]

Zigner,

As I said, it has been my experience.

No, what you said was:

The "obligation" to distribute to each new owner certainly is placed with the the governing board, the BOD>>>>Management. The Association President certainly would have the ultimate responsibility. (usually delegates)

So, I asked you to back that statement up.

To cite the requirement in regards to distribution of the the HOA documents, one would have to check each state's law to see whether the state addresses and mandates it...

Not EACH state, just the one the OP is in.

 

[CLJM]

No, what you said was:


So, I asked you to back that statement up.



Not EACH state, just the one the OP is in.

I answered that with, "it has been my experience". I would have no way to "back up" and "cite" OP's community documents.
1. OP has not stated what HOA she is a member of
2. I do not have access to OP's HOA documents.

And, actually, Kansas does have a "common interest owners act"
You will find that the BOD is charged with "giving notice" and "providing distribution". Of course, as I said....
the particulars of HOW each community chooses to to that, will be found in that particular HOA 's documents.