Real Estate & Property Law

Are HOA or CONDO Association Bylaws Normally Recorded?

Here is a question about Bylaws:

"I am wondering if By Laws have to be recorded? Is it standard that they should be? And, what procedure is used to change By Laws and do they have to be approved/reviewed by the Homeowners prior to adoption/recording?"

Bylaws generally are not recorded (in California) but sometimes there is a reason to do it. For example, if the original Bylaws were recorded, then any amendments should be so that the last record standing is not incorrect. In the "really old days" it seems some Bylaws were recorded. I come across that situation occasionally. And also, I heard an attorney say the other day that he was considering advising a board to propose something for an amendment to the Bylaws and record it as a recorded restriction because the development consisted of a cooperative with no CC&Rs.

Homeowner association Bylaws amendments would normally have to be approved by members and the Bylaws would say that. There are some amendments that can be made by Boards if the Bylaws say that, but the Corporations Code limits what those changes can be.

Full post as published by California Condo & HOA Law on February 23, 2010 (boomark / email).