Condo Association Management Blog

In NJ yes rules need to be updated with the county you live in. They are archived in the records dept.  
 
If your not sure call you local city, county or state and ask them the procedures. 
 
Victor

<a href=” http://association-property-management.ashokalion.com/”> association management <a> companies and association boards need to insure that the bylaws and rules do not conflict. Rules usually must go in accordance with wishes of the bylaws. If there is a conflict, you will need to find a attorney to assist you in drafting revisions to the bylaws. However, the attorney may also help you work within bylaws but regulate them better. Our Association attorney searches all legal documents to insure that they are filed for our Houston or Dallas associations. If they are not, then we will file them with the county to avoid issues that it is not appropriately recorded and available.

In Utah only the declarations have to be filed. We have bylaws and we have rules. The declaration is the controlling document. If your declarations allow pets they should be changed and voted on then refiled. If it is silent as to pets then the bylaws control. The law trumps everything meaning that if the law is inconsistent with the declarations the law is controlling.

You should consider updating your CC&Rs. There were many changes in laws since 1979 and it should be included. 
 
Also rules are much harder to enforce than CCR&S regardless if they are registered or not. 
 
If this issue ever gets to court a judge will likely go by CC&Rs. This is because CC&Rs are voted for by all owners or reviewed and agreed to when purchased, while rules are made up by the board only.

The definitive answer to your quest wil;l be found in your State'sCondominium Act. Put the following into your browser and find it 
 
(Name of state) Condominium Act

I believe that in Florida all HOA / Condo Association bylaws must be recorded with the County; that means all changes subsequently made to the bylaws in the correct manner must be recorded with the County to be validated.  
 
Changes are valid only when they are recorded. Any Bylaw can be changed but changes must be done according to the rules written in the original Articles of Condominium (the documents).  
 
This vote is of the whole membership and must be passed by 50% of all the owners in a meeting that has been properly noticed, conducted and duly minuted.

In my community in NY, the Rules and Regulations are made by the Board and its not necessary to file those or gain approval from the rest of the community. A Bylaw change requires acceptance by 57% of the homeowners. Pets are usually a hot item, I'm sure if the Board tried to change the Rules and Regulations denying pets there would be huge opposition.

Rules and regulation in NY State must undergo change following the procedures specified in the state law-called the NY State Condominium Act. The unit owners must bvote to approve any changes. As for pets the federal law dictates the policy. Condo's and HOA's have no choice-regardless of what their documents and bylaws state- but to comply with the federal mandates. Did you know that under these laws a resident may seek an accommodation for a miniature horse. All that he he needs is a script from his doctor certifying this need. Yes this is part of our Federal Law!!!!!!

ScottAdler, you are referring to service animals that are not considered pets. The original post mentions pets, and there are no federal laws that I am aware of that regulate that.

No . Service animals are a category which require that the animal be trained to p[rovide a vital service to its master. Accommodations apply to animals which are not service trained and are usually prescribed by a doctor for psychological relief from some disorders or stress.The laws are seoarate and are enforced by different federal agencies.

I'd be interested to see links/references to where they are differentiated. 
 
To my knowledge both are covered by ADA (American with disabilities act)

Can the Home Owners Association change your HOA fees due date ?

Our FL Homeowners Association bylaws have not been updated or filed for 21 years. Do we still have a HOA and if we want to get out of the HOA is this a legitmate way out?

Absolutely not. Refer to your Florida State Condominium Act for necessary information.