10 steps for writing bylaws for an association Research. Form a committee. Create the structure. Outline your organization's key roles and responsibilities. Establish your meeting rules. Define your membership. Address finances. Outline the amendment process.
Subdivisions with homeowners' associations established after Jan. 1, 1999, are governed by the North Carolina Planned Community Act found in Chapter 47F of the North Carolina General Statutes. However, no state or federal agency oversees homeowners' associations.
While failure to comply with an HOA does not constitute breaking the law, it's not a good idea to simply ignore them — there could be fines or other undesirable consequences. This might even include putting a lien on your home if the situation continues.
Corporate bylaws are legally required in North Carolina. § 55-2-06 requires a corporation's incorporators or board of directors to adopt initial bylaws. The law doesn't specify when bylaws must be adopted, but this usually happens at the first organizational meeting.
Is recording HOA meetings legal or not? It depends on where your association is located. States like California, Florida, and Pennsylvania have two-party consent laws, which means that all parties involved must consent to the recording. If there is no consent, it is illegal.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
However, no state or federal agency oversees homeowners' associations. If you are unhappy with a decision made by the homeowners' association board, you can ask the board to review the problem or consider consulting with a private attorney.
In North Carolina, HOA bylaws do not need to be recorded with the state. However, certain documents, like the declaration of covenants, conditions, and restrictions (CC&Rs), typically must be filed with the relevant county's Register of Deeds.
How to Form an HOA in North Carolina. ing to Section 47F-2-101 of the North Carolina Planned Community Act, a planned community can be created by executing a declaration in the same manner as a deed. This declaration must be recorded in all the counties where any part of the community is situated.