Tag Archives: establishment

Bylaws usually not recorded

Q. I just moved into a Union County community that had its homeowners’ association (HOA) formed in 1988. It was recently discovered that while the Articles of Incorporation and all the required updates of the covenants and restrictions are in order, apparently the bylaws of the HOA are not recorded in the county records.

Does this omission limit what the HOA can do in enforcement of the covenants and restrictions or dealing with any of the normal HOA management tasks? If so, what recourse is there for the HOA?First, let’s distinguish between the various governing documents for an HOA.

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