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Resolution - ANSWER ✔✔Is a motion that follows a set format and is
formally adopted by the board of directors.
Community Association - ANSWER ✔✔Is a legal entity in which the
owners enjoy the protection, enhancement, maintenance and
preservation of their homes and property.
,Characteristics of a Community Association - ANSWER
✔✔Mandatory membership, mutually binding documents and lien-based
assessments.
Lien - ANSWER ✔✔Is a legal claim by one party (community
association) on the property of another (delinquent owner) to obtain the
payment of a debt or the satisfaction of an obligation.
Types of Community Associations - ANSWER ✔✔Planned
Community, Condominium and Cooperative.
Proprietary Lease or Occupancy Agreement - ANSWER ✔✔Defines
the member or stockholder's rights and obligations in relation to the
living unit.
Master or Umbrella Associations - ANSWER ✔✔A master or umbrella
association consists of more than one residential community
association.
Mixed-use Developments - ANSWER ✔✔A mixed-use development
usually consists of a mixture of residential and commercial and/or
industrial uses.
,"55 and Older" Communities - ANSWER ✔✔Must have one person
who is 55 years of age or older living in at least 80% of its occupied
units.
Legal Obligations for a Community Association - ANSWER
✔✔Federal, state, and local statues, regulations, and case law;
Governing Documents; Lender Requirements (FHA, Fannie Mae,
Freddie Mac); Standards set by professional bodies (AICPA).
General State Statutes - ANSWER ✔✔Applies to all types of
associations, including community associations (for example, regular
corporate or not-for-profit corporate statutes).
Specific State Statutes - ANSWER ✔✔Applies to only one of the
types of community associations, takes precedence over any general
statute and takes precedence over the association's governing
documents (for example, condominium act, planned community act).
Uniform State Statutes - ANSWER ✔✔National Conference of
Commissioners on Uniform State Laws draft generic, content-specific
wording for topical issues to encourage uniformity among the states.
Purpose of Governing Documents - ANSWER ✔✔To provide for the
legal structure and operation of a community association.
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, Governing Documents - ANSWER ✔✔Define the rights and
obligations of both the community association and its owners; create a
binding relationship between each owner and the community
association; establish the mechanisms for governing and funding the
community association's operations; set forth rules and standards.
General Hierarchy of Authority of Governing Documents - ANSWER
✔✔Recorded map, plat, or plan; Declaration, CC&Rs, master deed;
Proprietary lease or occupancy agreement; Articles of Incorporation;
Bylaws; Board Resolutions (cannot conflict with documents above it in
the hierarchy).
The Articles of Incorporation - ANSWER ✔✔Bring the corporation into
existence; define its basic purposes and powers; indicate whether stock
will be issued; indicate the number of board members and identify the
initial board.
Benefits of incorporating - ANSWER ✔✔Limit liability of individual
owners; right granted all corporations; easier to deal with utility
companies, vendors, etc; grants the board of directors the same rights
as all board members of incorporated entities under state statutes.
Bylaws - ANSWER ✔✔Formal procedures for the administration and
management of a community association (for example, meeting