Unsigned HOA Bylaws

Bylaws for homeowner associations are drafted by an attorney hired by the developer. They are then normally adopted by the board of directors appointed by the developer and signed. The signed bylaws are then normally provided to the buyers of units/lots with along with a copy of the recorded CC&Rs.

Very often the bylaws are distributed to the new owners without signatures. While the lack of a signature does not invalidate the document, it can impact FHA and VA loan approvals.

If your HOA has unsigned bylaws, it is recommended that the current board ratify the unsigned bylaws as the official bylaws at a properly noticed board meeting as the official bylaws of the association, and then sign the document.

For purposes of holding an election, HOA Inspector of Elections can rely upon signed or unsigned bylaws provided by the board or the association's management company.

HOAInspectorofElections.org

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