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 With Secretary Of State In Wake
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Multi-State
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Wake
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US-00444
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Disclosure Requirements Disclosure is mandated by law, often through public records and real property records. Before purchasing a home, buyers must receive a set of documents detailing the HOA's health, such as its covenants, conditions, restrictions, bylaws, rules, and financial statements.
SECTION 37. Association officers - Unless otherwise provided in the by-laws, an Association should have the following executive officers who shall be responsible for the management of the Association's business: president, vice-president, secretary, treasurer and auditor.
REGISTRATION OF HOMEOWNERS' ASSOCIATION As far as practicable, only one (1) homeowners' association shall be established and registered with Housing and Land Use Regulatory Board (HLURB) in each subdivision. It is mandatory for all associations to register solely with the HLURB.
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD. (Rule 2, Section 7, Rules of Procedure of the Human Settlements Adjudication Commission).
Republic Act No. 8763 (March 7, 2000) transferred the powers of the Home Guaranty Corporation (HGC) over concerned Homeowners Association (HOAs) to HLURB. The Housing and Land Use Regulatory Board (HLURB) is government's regulatory body for housing and land development.
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.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
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.