United States: Herrick Counsel, Stacey Patterson, Answers A Question From An AssociationHelpNow Reader
Last Updated: October 14 2014

Question: If an amendment to the bylaws is passed, isn't the board obligated to mail the amendment out to the residents so that they may add it to their community documents?

Ms. Patterson's Answer: In my opinion, the answer is – not necessarily.   In MOST cases, notice that the amendment has been passed, either at a meeting, newsletter or association website, accompanied perhaps by the amendment's recording information (Deed Book and Page), ought to be deemed reasonable and sufficient notice to the unit owners of the changes.  I say "most" cases because it is always possible that a particular association's by-law amendment provision, specifically requires that unit owners receive a copy of amendments by mail or by some other method.  For this reason, it is recommended that boards review their own amendment provisions to ensure compliance therewith.  Additionally, whether or not a provision is silent with regard to notice, boards must always record amendments with the county clerk, in order to put the world on notice of its effect.  In doing so, the amendment must be able to be referenced back to the original by-laws.

Ms. Patterson's post can also be viewed on the AssociationHelpNow website at: associationhelpnow.com, or by clicking here: AssociationHelpNow

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