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Community Association Overview** A community association is a legal entity designed to protect, enhance, maintain, and preserve the properties and homes within its jurisdiction. ### Key Characteristics of a Community Association 1. **Mandatory Membership**: All property owners are automatically members of the association. 2. **Mutually Binding Documents**: Governing documents enforce mutual obligations between the owners and the association. 3. **Lien-Based Assessments**: Fees are imposed on each owner to support the association's operations and maintenance. ### Types of Community Associations 1. **Planned Community**: Owners have individual ownership of their lots or units, while the association manages common areas. 2. **Condominium**: Owners possess their individual units and a shared interest in common elements. 3. **Cooperative**: Members hold shares or memberships in the cooperative, which grants them a lease or occupancy rights for their unit. ### Specialized Community Associations - **Master or Umbrella Associations**: Oversee multiple residential communities. - **Mixed-Use Developments**: Combine residential, commercial, and/or industrial uses. - **55 and Older Communities**: Require at least 80% of units to be occupied by someone aged 55 or older. ### Sources of Legal Obligation 1. **Federal, State, and Local Laws**: Include statutes, regulations, and case law. 2. **Community-Specific Documents**: Include declarations, CC&Rs, and master deeds. 3. **Lender Requirements**: Set by financial institutions. 4. **Professional Standards**: Established by relevant professional bodies. ### Federal Laws Impacting Community Associations - **EEOC**: Prohibits employment discrimination. - **FLSA**: Sets wage and overtime pay standards. - **FMLA**: Provides for unpaid medical leave. - **FICA**: Governs Social Security contributions. - **OSHA**: Outlines workplace safety regulations. ### Governing Documents - **Declarations, CC&Rs, or Master Deeds**: Define ownership rights and association structure. - **Proprietary Lease or Occupancy Agreement**: Specifies member rights in cooperatives. - **Articles of Incorporation**: Establish the association's corporate status. - **Bylaws**: Outline operational procedures and governance. - **Resolutions**: Formal decisions by the Board of Directors.