PRACTICE
◉ Common elements. Answer: The parts of a condominium that are
owned by all of the owners.
◉ A unit. Answer: That part of the property reserved for the
exclusive use of an owner. It may be land, improvements, or land and
improvements.
◉ Enlargement of common elements. Answer: Common elements
may be enlarged by an amendment to the Declaration of
Condominium.
◉ Allocation of shares of common elements. Answer: Condominiums
created after April 1, 1992 may allocate shares of common elements
by square footage or equal basis.
◉ Material alteration. Answer: A significant change to the common
elements that requires approval by 75% of the total voting interests
of the association.
,◉ Developer's amendment rights. Answer: Prior to transition of
control of an HOA, the developer's right to amend the association's
documents is subject to a test of reasonableness.
◉ Certificates of occupancy. Answer: The developer must supply the
association with copies of the certificates of occupancy at transition.
◉ Right of access. Answer: The association has the irrevocable right
of access to each unit during reasonable hours for maintenance,
repair, or replacement of common elements.
◉ Board member election eligibility. Answer: Members other than
the developer are entitled to elect at least one member of the board
if at least 50% of all parcels have been conveyed to members.
◉ Meeting notice requirements. Answer: The notice for a meeting
must contain the time, date, place, and purpose of the meeting.
◉ Budget approval notice. Answer: Owners must be given 14 days
notice before the meeting to approve the budget.
◉ Board of Directors meeting notice. Answer: It usually takes 2 days
notice for a Board of Directors meeting and 14 days notice for an
Owners meeting.
, ◉ Proper meeting notification methods. Answer: General
membership meetings cannot be held without proper notice to all
owners, which can be mailed, hand-delivered, or electronically
transmitted.
◉ Voting certificate. Answer: The document which designates the
one person who will vote for owners of a corporation.
◉ Proxy. Answer: A properly executed document that may
supersede a voting certificate for a specific meeting.
◉ Secret ballot envelope indication. Answer: What must be
indicated on the outside envelope for a secret ballot.
◉ Secret ballot requirements. Answer: The exterior of the outer
envelope shall indicate the name of the voter, and the unit or unit
numbers being voted, and the signature of the authorized voter.
◉ Proof of notice for meetings. Answer: This is usually done by an
affidavit from the manager/officer that states that all of the owners
were notified by mail, at their last known address, of the meeting on
a specific date, or delivered by hand delivery.