The provisions of an association’s bylaws contain the policies, powers, and procedures relating to the corporate governance of the association. The bylaws set forth how the association will function as a corporation, including such information as the number, qualifications, and terms of directors, as well as election and quorum requirements.
No Recording Requirement
Unlike the declaration (“CC&Rs”), the bylaws are not required to be recorded or filed, but some law firms and developers record them as exhibits to the declaration.
Valid Even if Unsigned
Bylaws are supposed to be signed by the person or persons establishing the association (i.e., the association’s developer). The lack of a signature does not necessarily invalidate the bylaws but it can have implications for the association in the context of loan certifications. The board may therefore choose to ratify the existing bylaws and sign them.
Amendments to Bylaws
Bylaws may be amended pursuant to their own amendment provisions as well as those found in the California Corporations Code. (See “Amendments to Bylaws.”)
