Purpose. Bylaws establish
policies and procedures for the governing of an association. They
set qualifications for the election of directors,
their number and term of office, their powers and duties, the
appointment of officers, when and how meetings are held, quorum
and voting requirements, appointment of committees, etc.
Not Recorded. Bylaws are not recorded nor are they filed with the Secretary of State. However, "
Statements of Information" are filed with the State.
Signed. Bylaws and
articles of incorporation are supposed to be signed by the person who incorporates the association (normally the developer or someone retained by the developer to set up the association). Sometimes the documents do not get signed. The lack of a signature does not invalidate the documents but it can impact HUD/FHA and Fannie Mae certification of the association for loans. If that happens, the current board of directors can "ratify" the existing documents as the official documents of the association and sign them. It should be done by board motion recorded in the minutes of the association.
Amendments. Bylaws can be
amended.