Puffin Posted January 31, 2017 at 12:56 AM Report Share Posted January 31, 2017 at 12:56 AM 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. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted January 31, 2017 at 01:21 AM Report Share Posted January 31, 2017 at 01:21 AM I'd say you do, but for the business of "recording" them, presumably with a state office of some sort. You'll have to check with a local lawyer to find out for sure. But for now, I'd raise points of order, in meetings, of course, if violations of the bylaws are committed. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted January 31, 2017 at 01:45 AM Report Share Posted January 31, 2017 at 01:45 AM (edited) 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 January 31, 2017 at 01:50 AM by Richard Brown Quote Link to comment Share on other sites More sharing options...
Guest Puffin Posted January 31, 2017 at 02:27 AM Report Share Posted January 31, 2017 at 02:27 AM Quote Quote 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. Quote Link to comment Share on other sites More sharing options...
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