Protective Covenants

[LuckyinMO]

What is the name of your state (only U.S. law)? MO

If Protective Covenants for a subdivision in MO state in 2 different articles that certain activities SHALL BE set out in the Bilaws of the Home Owners Association and for 4 years those Bilaws have never been created does it cause issues with the HOA and its activities in those areas i.e. spending money among others? Also, if parts of the Protective Covenants are being selectively enforced and others parts are not (because a board member of the HOA stated that he and his family break those parts in one of our HOA meetings) would the Covenants then stand up to a legal challenge if it was attempted?

 

[HomeGuru]

What is the name of your state (only U.S. law)? MO

If Protective Covenants for a subdivision in MO state in 2 different articles that certain activities SHALL BE set out in the Bilaws of the Home Owners Association and for 4 years those Bilaws have never been created does it cause issues with the HOA and its activities in those areas i.e. spending money among others? Also, if parts of the Protective Covenants are being selectively enforced and others parts are not (because a board member of the HOA stated that he and his family break those parts in one of our HOA meetings) would the Covenants then stand up to a legal challenge if it was attempted?

**A: yes and I can't imagine a HOA being created with no By-Laws. There has to be more to this.

 

[LuckyinMO]

**A: yes and I can't imagine a HOA being created with no By-Laws. There has to be more to this.

The HOA was created in the Covenants of the subdivision. The Covenants state that the HOA is to be run under Bi-Laws in several articles. The Bi-Laws were NEVER filed at the County, voted on by the members, and/or ratified. They do NOT exist. They were NEVER created.

The HOA has conducted votes, held meetings, and spent money (thousands of dollars) without them. Several of us within the subdivision have pointed out that they need to be created but no one does anything about it.

Hope that helps.

 

[HomeGuru]

The HOA was created in the Covenants of the subdivision. The Covenants state that the HOA is to be run under Bi-Laws in several articles. The Bi-Laws were NEVER filed at the County, voted on by the members, and/or ratified. They do NOT exist. They were NEVER created.

The HOA has conducted votes, held meetings, and spent money (thousands of dollars) without them. Several of us within the subdivision have pointed out that they need to be created but no one does anything about it.

Hope that helps.

**A: no it does not help. Something does not make sense. What rules is the HOA operating under if there are no By-Laws?