Community Association - -Mandatory FLSA - -Fair Labor Standards Act
memberships, mutually binding contracts, lien-
based assements
Fair Labor Standards Act - -Dictates
standards for minimum wage
Purpose of community association - -
Provide for the community, business, and
governance aspects of the association FMLA - -Family Medical Leave Act
Basic types of community association - - Family Medical Leave Act - -Provides for
Planned communities, condominium, and unpaid leave for various medical issues
cooperatives
FICA - -Federal Insurance Contributions
Planned community - -HOA, owner Act
association
OSHA - -Occupy Safety Health Act
Condominium - -Owner of his/her unit
Occupy Safety Health Act - -Outlines safety
Cooperative - -Owns stock/holds lease guidelines for employees
Types of community associations - - FCC - -Federal Communications
Master/umbrella, Commission
Mixed use development, 55 and older
Federal Communications Commission - -
Association derives legal obligation from - - Regulates what restrictions associations have on
Federal, state and local laws- legal documents, antennas and satellite dishes
lender requirements, standards set by
professional bodies
State statues - -General, specific, uniform
EEOC - -Equal employment opportunity
commission General state statutes - -Apply to all
organizations
Equal employment opportunity commission -
-Prohibits discrimination in hiring, Specific state statutes - -Apply to only one
promoting, etc. or more types of community associations
1/9
, M100 Exam Questions with correct Answers
Uniform state statutes - -Standardize laws
in various states that affect community public offering statement - -Disclosure
associations statement- not apart of the governing documents
Hierarchy of governing documents - -Plat Benefits of incorporating - -Limits liability
Declarations Makes it easier to deal with contractors
Articles
Bylaws
Rules Scope of Rules and ARCH guidelines - -
Behavior of residents, guests and visitors
Appearance of individual lots/units
Bundle of rights - -Declaration, CCR, Use of common property
master deed Use of individual lots/units
What trumps articles? - -Declaration Types or rules or resolutions for a community
association - -General
Administrative
Plat/map - -Shows precise location of each Special
lot or unit Policy
Declaration, CCRS, master deed - - General resolution - -Involve routine events
Establish the chain of title and rights of (adoption of annual budget)
ownership for each piece of real estate
Administrative resolution - -Affects internal
Proprietary lease - -Defines member or operations of the community association (i.e.:
stockholders right and obligations in a relative to where board meetings are held)
the living unit
Special resolution - -States board decisions
Articles of incorporation - -Documents that apply a policy or rule to individual situation (i.e.:
establish the corporation decision about alleged rule violation)
Bylaws - -Formally adopted regulations for Policy resolution - -Affects owners rights
the administrative and management of a and obligation - addresses ambiguities and
community association omissions in the declaration
Resolution - -Motion that follow a swell Sections of a resolution - -Purpose
format and is formally adopted by the BOD Authority
2/9