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4 parts to the proprietary lease or occupancy agrmt - ANSWER-
1. identifies premises that stockholder is permitted to occupy
exclusively. 2. Defines the term of the lease & rent that is
payable by the stockholder. 3. establishes the powers &
obligations of the cooperative's board of directors, including
assessment rights. 4. defines events which would result in the
termination of the proprietary lease
How does arbitration differ from mediation? - ANSWER-
Mediation is nonadversarial process that is intended to
bring about a win-win resolution. A neutral 3rd party -
called a mediator - attempts to guide the parties into
reaching a resolution or settlement favorable to everyone.
Can be binding or nonbinding, depending on the terms agreed
upon between the parties before the session begins
Development of Architectural Guidelines - ANSWER-
Development of Architectural Guidelines begin with review of
governing docs to determine in what areas the board can allow
a change. Usually community's declaration, CC&Rs or master
deed provides for architectural changes.
,In community's best interests for board to establish written
architectural guidelines for 2 reasons: - ANSWER-1 Written
guidelines indicate to owners what types of changes will be
allowed under normal circumstances; 2 Written guidelines are a
way to avoid claims of arbitrary or selective treatment of
owners
Use of Due Process Procedure to enforce rules - ANSWER-
Due process
procedure is a formal process designed to protect the
rights of all parties
involved
Several benefits to using due process procedure to enforce
community association rules: - ANSWER-1. All alleged rule
violations are handled in the same manner
2 Use of a due process procedure is recognized by the
courts as an indication of legally valid rule enforcement
3 Vast majority of rule violations an be resolved w/ this
procedure, this avoiding going to court
4. Opportunity to be heard in a non-threatening fact-finding
forum is often enough to result in a person's voluntary decision
to obey a rule
5 Such a procedure provides an opportunity to explore
alternative means to resolve a violation
Basic steps in a community association due process procedure
for handling alleged rule violations. If violation is resolved after
, any of the steps, don't need to continue to enforcement
process - ANSWER-1. Consider calling the resident or sending
a courtesy letter to resolve violation. Check state statutes or
governing docs for guidance w/ formal enforcement process
Articles of Incorporation - ANSWER-Community association's
corporate structure is established when a developer's attorney
creates the association's governing docs. Attorney may file
articles of incorporation with the state corporation agency.
4 parts to the Articles - ANSWER-1. Brings the corporation into
existence; 2.
Define its basic purpose and powers; 3. Indicate whether stock
will be issued; 4. Indicate the number of board members &
identify the initial board
Bylaws - ANSWER-Formally adopted regulations for the
administration &
management of a community
association.
Bylaws address 7 topics: - ANSWER-Requirements for
membership in the community association
Requirements for membership meetings
Voting rights of member owners
Procedures for electing the board of directors