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EXAMBLUEPRINT | QUALITY STUDY RESOURCES
,Resolution Is a motion that follows a set format and is formally adopted by the board of directors.
Community Association 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 Mandatory membership, mutually binding documents and lien-based assessments.
Lien 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 Planned Community, Condominium and Cooperative.
Proprietary Lease or Occupancy Agreement Defines the member or stockholder's rights and obligations in relation to the living unit.
Master or Umbrella Associations A master or umbrella association consists of more than one residential community
association.
Mixed-use Developments A mixed-use development usually consists of a mixture of residential and commercial
and/or industrial uses.
"55 and Older" Communities 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 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 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 takes precedence over the association's governing documents (for
example, condominium act, planned community act).
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.
Purpose of Governing Documents To provide for the legal structure and operation of a community association.
Governing Documents 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 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 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 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 Formal procedures for the administration and management of a community association
(for example, meeting procedures - including voting rights, board powers and duties,
indemnification of officers and directors).
Public Offering Statement Provides association information to first prospective buyers in a new community; required
by state statute; not considered a governing document.
Rule, also called a rule or regulation Is a specific statement of required behavior or action, a violation of which carries a
penalty (sometimes called a sanction).
Architectural Guideline Is a rule that applies to the appearance of an owner's lot of the exterior of his or her unit
or improvements.