CHDO Amendments to Articles of Incorporation and Bylaws
|CLICK HERE - to view the federal regulations governing CHDOS|
CLICK HERE - to download sample amendment to articles of incorporation (wordprocessing file).
There are five legal status requirements that an organization must meet to be certified as a CHDO by a local government using federal HOME funds. These are:
After downloading the sample Articles of Amendment they will need to be edited to fit your purposes. The downloaded document is a sample of Articles of Amendment that can be used to amend your Florida nonprofit Articles of Incorporation so as to qualify the organization as a "Community Housing Development Organization" (CHDO) while at the same time maintaining your "charitable" exemption under section 501(c)(3) of the IRS Code.
Instructions to amend Articles of Incorporation:
First, you must examine your present articles incorporation to determine the numbering of the sections which correspond to the language in the amendment document. Then edit the amendment document to correctly reference those section numbers. Then, file these Articles of Amendment with the Florida Department of State. There is a $35.00 filing fee. Mail the Articles of Amendment and a check payable to "Secretary of State", to:
Florida Department of State
Division of Corporations
P.O. Box 6327
Tallahassee, Florida 32314
CLICK HERE - to download sample bylaw amendments (wordprocessing file).
The HOME Program establishes requirements for the organizational structure of a CHDO to ensure that the governing body of the organization is controlled by the community it serves. These requirements are designed to ensure that the CHDO is capable of decisions and actions that address the community’s needs without undue influence from external agendas.
There are four specific requirements related to the organization’s board which must be evidenced in the organization’s by-laws, charter, or articles of incorporation. These are:
After downloading the file edit it to fit your needs.
The document is a sample board resolution amending the bylaws to add language required to be a CHDO. You must first examine your present bylaws to determine the specific section(s) that needs to be amended. After doing this, edit the sample bylaw amendment document that you downloaded from this website to make it refers to the specific section of your present bylaws that need to be amended.
Note: Examine the language of your existing Bylaws and Articles of Incorporation to see if there are any specific procedures that must be followed in order to adopt amendments (if none, then the bylaws can be adopted by a simple board resolution).