This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Property Owners Association Bylaws Within A Geographic Area In Montgomery
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State:
Multi-State
County:
Montgomery
Control #:
US-00444
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Word;
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FAQ
Simply put, homeowners association bylaws dictate how an HOA should run. Since HOAs are considered corporations under law, albeit non-profit, they require bylaws to govern day-to-day operations. HOA bylaws are also sometimes referred to as neighborhood association bylaws or subdivision bylaws.
So, can you refuse to join a homeowners association? In most cases, the answer is no — you can't opt out if your property is part of a mandatory HOA. However, you can avoid this by simply choosing not to buy a home in a mandatory HOA community and going for disbanded or voluntary HOAs.
Most HOA documents are public record, including governing documents. Some states only require the HOA to make certain documents public, while others can be kept confidential.
Although the developer of a new neighborhood may incorporate an association and subject all of the lots to mandatory membership before the lots are sold, you will need to obtain the homeowners' consent if title to their property was not subject to a mandatory association when they acquired their homes.
It is common for communities to have HOA lawn maintenance guidelines. Examples of these guidelines include keeping lawns trimmed or trimming them every X number of days. Homeowners may also be required to pull out any weeds, water their lawns occasionally, and keep lawns clean of any debris.
Reviewing rules before buying If you do not have a real estate agent, then you should attempt to get in touch with the association personally. Make a phone call or write a letter to request information about monthly HOA fees, special assessments, meeting minutes, etc., along with the association's governing documents.
HOA Covenants, Conditions and Restrictions (CC&Rs) are a binding legal document that is filed with the state. Similar to rules and regulations, they cover things like property-use restrictions, dispute resolution agreements, maintenance and assessment obligations and insurance.
Trespassing onto private property without consent is generally prohibited, and HOA representatives should respect homeowners' privacy rights. However, HOAs may conduct routine inspections of common areas or request access to inspect approved modifications within a homeowner's property boundaries.
Most state laws are silent on the issue, though, so owners will need to turn to their CC&Rs and bylaws. If the governing documents explicitly grant the HOA this authority, then the HOA has a right to enter your backyard to correct a violation or fix a safety issue.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.