This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Bylaws Of Homeowners Without A Board In Pennsylvania
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Start Your Corporate Bylaws StateBylaws Required? California No Colorado No Connecticut Yes Delaware Yes47 more rows
Does Pennsylvania Require Corporate Bylaws? Pennsylvania's statute's don't explicitly state that you need corporate bylaws. However, Pennsylvania Consolidated Statute § 1310 implies the necessity of bylaws by stating that an organizing meeting “shall be held… for the purpose of adopting bylaws.”
Almost any association can have bylaws, such as a charitable committee, members group, homeowner's or housing association, non-profit, political party, professional association, sports club, or the board of a corporation.
The absence of an HOA board can result in significant risks, including financial mismanagement, where bills go unpaid and dues are uncollected, leading to financial instability. Residents and city officials can also bring about legal actions against the HOA, resulting in expensive court actions.
A court of law will side with your bylaws in any dispute brought by another board member, an employee, volunteer or recipient of services who may have a grievance. Keep your bylaws relevant.
The board of directors is an essential—and required—aspect of any homeowners' association (HOA). Comprised of elected volunteers who live in the community, the HOA board is responsible for helping the association run smoothly, setting it up for long-term success.
Signing bylaws is standard practice—and can help ensure there are no disputes about their legitimacy—but signatures are not explicitly required by Pennsylvania statutes.
In summary, there is no case where HOA rules override state law. Considering the hierarchy, federal, state, and local laws always take precedence over an association's rules. Board members should have a solid grasp of these laws. In doing so, they can protect the HOA and mitigate the risk of liability.
In general, homeowners can request HOA documents that cover the following: Governing documents, including the CC&Rs, bylaws, articles of incorporation, community plat, and operating rules; All board and membership meeting minutes and notices; Membership lists; All insurance policies of the association;
For instance, in Pennsylvania, HOAs are regulated by the Uniformed Planned Community Act (UPCA). This act applies to all planned communities with more than 12 units and creates responsibilities for HOAs to oversee these communities. That said, HOAs typically have documents that regulate themselves.