Updating bylaws accomodating students with special needs
Bylaws are an organization's internal operating rules.
Federal tax law does not require specific language in the bylaws of most organizations.
It is more efficient, and therefore less expensive, for an experienced attorney to provide an up-to-date modern format for the project legal documents, tailored to fit the project, than to try to review each and every paragraph of existing documents and decide which paragraphs to keep, delete or modify. An association may wish to amend its documents, but be reluctant to impose new restrictions on current members.
For example, an association may wish to reduce the number of pets allowed to be kept by one Member, but will allow a member who presently has more than the new lower number of pets to keep his or her pets until the member moves out, or until the pets die.
The attorney should also be given a current preliminary title report showing how title is held to the common area, and what the title company indicates is the status of title to a lot or unit in the project.Although Indiana law requires a nonprofit corporation to adopt bylaws, there is no law requiring it to file its bylaws with the state.For example, the law does not require a nonprofit corporation to file its bylaws with the Indiana Secretary of State as it must do with its Articles of Incorporation.Are associations legally required to amend their documents?No, but - What is the effect if HOA documents conflict with new legislation or new case law?