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Experience:  17 years of legal experience including real estate law.
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What do you need to do to change Docs and Bylaws, 30yr old

Customer Question

What do you need to do to change Docs and Bylaws, 30yr old condo.
What is the law.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

The amendment process should be set out in your governing documents. The place to start is by reviewing the by-laws themselves. Most have provisions written in on how to amend their provisions.

Do you have a copy of the CC&R's, Bylaws and Articles of Incorporation?

This is a link for all of the laws that govern HOA'a in Georgia http://www.hoa-usa.com/statelaws/ga.aspx

Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.
Expert:  Attyadvisor replied 1 year ago.

Do you have a copy of your HOA governing documents, CC&R's, Bylaws and Articles of Incorporation?

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