E.B. from Garland County, Texas writes:
Dear Mister Condo,
If something is recorded in the minutes but not added to the bylaws is it the same?
Mister Condo replies:
E.B., not even close! By-laws are changed by amendment, not a simple note in Minutes from a Meeting, although any change to the by-laws should most certainly appear in the corresponding Minutes from the Meeting where the by-law was changed. By-laws and governing documents are a part of any new and existing homeowner’s rights as an owner within the association. By-laws are official documents and are agreed to by signature when a new owner joins the association. You wouldn’t expect a new owner to be bound by an item in a Meeting Minute. You would expect them to be bound by a By-law that was part of their purchase agreement. Associations that change rules and bylaws need to update and amend those rules and by-laws so they are current. They also need to follow the rules (and laws) for amending their by-laws. By-laws are a legal document. They must be treated as such. Many associations rely on their community association attorney to assist with by-law changes. That’s how important it is. All the best!