Q: Bylaws were designed by the developer is there a time frame that bylaws must or have to be changed?

A: Bylaws serve as the governing documents for many organizations, including homeowners' associations (HOAs), and are typically established by the developer at the time of the community's creation. There is no automatic expiration date or mandatory timeframe for changing bylaws. Instead, the process for amending these documents is usually outlined within the bylaws themselves. This means that changes can be made when deemed necessary by the board or the members, according to the procedures specified in the bylaws.

If the current board is using the existing bylaws in ways that you believe unfairly restrict homeowners' rights, it may be time to review these governing documents. Many bylaws include provisions for amendments, which often require a vote by the homeowners. Engaging with your neighbors to gather support and using the specified legal and procedural channels to propose changes can be an effective approach to address concerns.

It's important to actively participate in HOA meetings, voice your concerns, and collaborate with other homeowners who share your perspective. If the bylaws are indeed being used in a manner that is not in the best interest of the homeowners, a collective approach can help bring about necessary changes. Remember, the bylaws are meant to serve the community, and adjustments can be made to reflect the current needs and values of the homeowners.

A: Hire an attorney to search the title. Restrictions of record, to include those on the subdivision plat, must be examined. A Declaratory Judgment action in Chancery may be in order for property owners subject to the restrictions.