Should HOA or Condo Bylaws Be Recorded?

We were recently asked whether bylaws amendments should be filed with the local Register of Deeds. 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. The difference is due to initial bylaws for condos being recorded with the declaration, and then amendments need to show up in the public record. If HOA bylaws are filed (but should not be), amendments also need to be unless a later amendment makes clear (as we have sometimes done for associations) that subsequent amendments will not be filed.

As to other documents:
(1) declarations and declaration amendments must be filed to be effective
(2) corporate articles of incorporation and amendments are filed with the Secretary of State
(3) rules and regulations (that generally govern the common elements) do not have to be filed anywhere (FYI, South Carolina has a very different practice–see South Carolina Legislative Update: Bill Affecting HOAs and Condo Signed into Law)

For more information, these FAQs About North Carolina Homeowner and Condominium Associations may be of interest.

If you have questions about any community association (HOA or condo) issue, please contact a Law Firm Carolinas attorney at any of our offices for assistance.

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