Do all home owners associations have to be recorded at the Clerk of Court or the Secretary of State's office to be legal and binding?

Answer 1

Your association may be some type of corporation, usually a non-profit. The association's license to do business in the state is usually renewed annually, and must be in order for the association to be in good standing as a business in the state: i.e., legal and binding.

In order to be legal, any corporation must file Articles of Incorporation, and other corporate documents required by your state.

In addition, associations must file their governing documents, including the initial CC&Rs -- covenants, conditions, regulations and restrictions -- with the local hall of records: they are public record.

All additional amendments must also be recorded.

Finally, in order to conduct business as a corporation, board meetings must meet corporate standards for meetings, including notice, quorum attendance, motions, resolution and voting -- included in board meeting minutes. Your governing documents are clear on these particulars.

Your community-savvy attorney licensed to practice in your state can answer your question directly, because your answer is based in state law.

Another Perspective

Not all home owners' associations are incorporated. Although state laws may vary, generally, an HOA becomes legal and binding on any buyer of a unit or lot when it is created in the declaration that created the community and that declaration, along with all the related documents, is recorded in the land records. The notice to all potential buyers in the land records makes it legal and binding on any buyers.