I am not an attorney. I have experience with running my unincorporated statutory road association, following our Discussion Forum, and replying to posts on the Forum.
Unrecorded by-laws, duly approved by the owners, do not lose any effect in court. I believe I have heard Attorney Mary Denison say recording of by-laws in the County Registry is unnecessary and adds a layer of responsibility for recording any subsequent amendments.
I also have heard, I believe from attorneys at a MARA Private Road Conference, that anything recorded in a deed trumps anything in road association by-laws.
I am interested in hearing other opinions.