Question:
Does our HOA Board have to give a homeowner a certified copy of the by-laws, etc? They already have a copy of the covenant. No one has ever asked for a certified copy. It is at the County Courthouse. Should he be responsible to go to the courthouse?
Answer:
No, your board does not have any obligation to provide the homeowner with a certified copy of the by-laws. The declaration and by-laws are recorded with the County Clerk’s Office. This is to ensure that all members of your homeowners association have constructive knowledge of the matters contained in the declaration and by-laws. The homeowner, if he or she wishes, can obtain a certified copy of the declaration and by-laws from the County Clerk.
As a practical matter, the board wants members of the homeowners association to have actual knowledge of the matters contained in the declaration, by-laws and rules and regulations. It is good practice for the board to require new members, when purchasing a home in the homeowners association, to sign a statement acknowledging their receipt of a copy (which needs not be certified) of the declaration, by-laws and rules and regulations and their agreement to comply with the provisions thereof.