ANSWERS: 1
  • No, unless the governing documents of your association state otherwise. It very rare that an HOA will record their bylaws. A restrictive covenant must be recorded. You become bound to the bylaws by reference to them in the restrictive covenant. Note: As a general matter, nothing has to be recorded to be valid. Recordation exists to put people on notice. For example, if you buy a property knowing that it has an HOA, but the restrictive covenant is not filed, you are still bound by the HOA. This is true because you bought with knowledge of the restriction.

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