CORRECT ANSWERS(VERIFIED ANSWERS)|
AGRADE
characteristics of community association
mandatory membership, mutually binding documents and lien based assessments
purposes of a community association
1. community 2. business 3. goverment
3 types of community association
1. planned 2. condominium 3. cooperative
planned community owns
community owns any common areas (individual owns his/her lot and/or living unit)
condominium
an individual owns his/her living unit AND undivided interst in the common elements
cooperative
individual owns a stock or membership in the cooperative. individual holds a propietary
lease or occupancy agreement for his/her living unit
propietary lease/occupancy agreement
defines the member or stockholders rights/obligations in relation to the living unit
55 & older communities
Must have one person who is 55 years of age or older living in at least 80% of its
occupied units.
fair housing act
prohibited discrimination in renting or selling houses
- 55 and older communities
- reasonable accomodations/modifications
- maintenance
- pets/service animals
- disruptive residents
Types of State Statutes Applying to Community Associations
general, specific, uniform
General State Statutes
Applies to all types of associations, including community associations (for example,
regular corporate or not-for-profit corporate statutes).
specific state statutes
applies to only one of the types of community associations. takes precedence over any
general statute and over association gov. docs
Uniform state statutes
National Conference of Commissioners on Uniform State Laws draft generic, content-
specific wording for topical issues to encourage uniformity among the states.
general hierarchy of governing docs
1. recorded map plat or plan
2. declaration, cc&r, master deed
3. propietary lease or occupancy agreement
, 4. articles of incorporation
5. bylaws
6. board resolutions
Recorded Map, Plat, or Plan
Shows the precise locations of each lot or unit, as well as the common areas
declaration/master deed
condominium
cc&rs
planned community
propietary lease/occupancy agreement
cooperative
benefits of incorporating
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.
4 types of resolutions (GAPS)
General Resolution
Administrative Resolution
Policy Resolution
Special Resolutions
general resolution
Involve routine events (adoption of annual budget)
administrative resolution
internal operations (where board meetings will be held, collection procedures)
policy resolutions
Affect owners rights and obligations (usually address ambiguities and an omissions in
the declaration)
special resolutions
apply a policy or rule to an individual owner (rule violations or architectual violation)
criteria for valid rules (dont violate corfuun)
- must not violate constitutional right
- must be consistent w/ federal and state statute/gov docs
- must relate the the operation and purpose of the community
- must be fair
- must be uniform
- must be able to be uniformly enforced
- must be necessary
steps in developing rules
1. justify the need for the rule
2. look at imediate/long term impacts
3. find the authority to make the rule
4. define the scope of the rule
5. justify the validity of the rule
6. give notice of the proposed rule
7. act promptly on proposed rule
8. give notice of the adopted rule