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By-Laws never signed


Puffin
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Our HOA was incorporated in 1982 but our By-laws were never signed or recorded. .  In 2009, the BOD was informed of this fact.  Needless to say this anomaly was never corrected. The recent BODs do not follow the By-laws especially Voting procedures and Fiscal Management responsibilities.

My question is: Do we even have valid By-laws? 

Thank you, in advance, for your opinions.

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There is no requirement in RONR that the bylaws be signed. Any requirement that they be signed would have to be in state law or some other superior law or document. Your corporate charter, if you are incorporated, would be such a superior document. 

The same thing goes for any recording requiremen. As a HOA, there could well be such a requirement .

Edited by Richard Brown
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Thank you. .  I just thought that any governing document should be at least signed by the president and attested by a secretary.  Florida law does not require HOA to record By-laws for corporations established in 1982.  Can't find anything useful in the Articles of Incorporation or Florida Chapter 617 for not-for-profit corporation. The funny thing is  the amendments to our By-laws must be recorded as follows:

A.     A copy of each amendment shall be attached to a certificate certifying that the amendment was dully adopted as an amendment to the By-Laws, which certificate shall be executed by the officers of the Association with the formality of the execution of the deed. The amendment shall be effective when such certificate and copy of the amendment are recorded in the public records of Palm Beach County, Florida.

 

It is confusing.

 

 

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