The following By-Laws have been adopted to govern the affairs of the project described in the master deed of the owners. The form also contains defintions of the words and terms used in the document.
South Dakota Bylaws of Condominium
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Multi-State
Control #:
US-AR-B1039
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Word;
Rich Text
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FAQ
The answer, like many things community association related, depends. Condo bylaws in North Carolina are almost always filed with the Register of Deeds, but not HOA bylaws.
Homeowners' Association ActStat. §720.301, et. seq., governs the formation, management, powers, and operation of HOAs in Florida. The law specifically applies to not-for-profit organizations operating residential homeowners associations in Florida.
State oversight of homeowner associations is minimal, and it varies from state to state. Some states, such as Florida and California, have a large body of HOA law. Other states, such as Massachusetts, have virtually no HOA law.
Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.
Even though an association's bylaws tell the HOA how to operate things, they generally do not trump the laws of the land. This includes constitutional, federal, and state laws.
South Dakota Community Association LawHomeowners' associations in South Dakota are not governed by any specific government regulations. Condominium associations must adhere to the State Condominium Laws, but these do not explicitly apply to HOAs.
Unlike North Carolina, where daily fines for violations of the covenants are capped at $100, South Carolina does not have a similar statutory limitation. It does not have a Planned Community Act.
HOA INFORMATION AND DOCUMENTSThe association's CC&Rs must be recorded with the county land records to be enforceable.
The simple answer is NO. HOA rules cannot override state law.
The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether you're drafting your governing documents or deciding which one to follow, it's important to always check the law first.
