Table of Contents
Introduction ix
1 The Homeowners Association and the Community Concept
1.1 Homeowners Association Concept 2
1.2 Applicable Law and Legislative Intent 3
1.3 The Community 3
1.4 The Homeowners Association 4
1.5 Assessments 5
1.6 Declaration of Covenants 6
1.7 Articles of Incorporation 7
1.8 Bylaws 8
1.9 Rules and Regulations 9
1.10 Priority and Consistency of the Documents 9
1.11 Minutes and Records 10
1.12 Directory of Homeowners 11
1.13 Community Association Management 11
1.14 Automated Electronic Defibrillator 13
1.15 The Legal Advisor 13
2 Meetings of the Membership
2.1 General 16
2.2 Annual and Regular Meetings 16
2.3 Special Meetings 17
2.4 Content of Meeting Notice 17
2.5 Proxies 18
2.6 Conducting the Meeting 19
2.7 Debate 20
2.8 Matters Out of Order 20
2.9 Voting and Vote tabulations 21
2.10 Election of the Board of Directors 23
2.11 Board Elections by Ballot 24
2.12 Decorum 25
2.13 Speaking at Membership Meetings 25
2.14 Recording and Taping Membership Meetings 26
2.15 Adjournment to a Different Time 26
2.16 Online Voting 27
2.17 Smoking and the Clean Indoor Air Act 27
3 Board of Directors and Meetings of the Board
3.1 General 29
3.2 Election and Selection 29
3.3 Failure to Fill Board Vacancies 30
3.4 Eligibility 31
3.5 Resignation, Recall, and Removal 32
3.6 Fiduciary Relationship 33
3.7 Indemnification 34
3.8 Meetings of the Board 35
3.9 Notice to Board Members 36
3.10 Notice to Association Members 37
3.11 Membership Participation 38
3.12 Committees 39
3.13 Committee Appointments 40
3.14 Association Emergency Powers 40
4 Officers
4.1 General 43
4.2 Election of Officers 43
4.3 President 43
4.4 Secretary 44
4.5 Treasurer 45
4.6 Vice President 46
4.7 Registered Agent and Office 46
4.8 Other Officers 47
4.9 Scope of Authority 47
4.10 Resignation and Removal 48
4.11 Compensation 49
5 Budget and Finances
5.1 General 51
5.2 Recurring Operations 51
5.3 Reserves for Deferred Maintenance 52
5.4 Waiver of Mandatory Reserves 53
5.5 Recreational Amenities 53
5.6 Developing the Proposed Budget 54
5.7 Funding the Budget 55
5.8 Time for Payment and Delinquency 56
5.9 Notice of Late Assessment 57
5.10 Enforcement and Liens 57
5.11 Suspension of Rights 59
5.12 Collection of Delinquencies from Tenant 59
5.13 Annual Financial Report 60
5.14 Annual Financial Filings 62
5.15 Contracts for Products and Services 62
6 Rights and Responsibilities of the Parcel Owner
6.1 General 65
6.2 Use of the Common Area 65
6.3 Guests and Tenants of a Parcel Owner 66
6.4 Membership and Voting Rights in the Association 67
6.5 Participation in Association Affairs 67
6.6 Access to Association Records 68
6.7 Financial Obligations 70
6.8 Sale and Transfer of the Parcel 71
6.9 Recreational and Common Facilities Leases 72
6.10 Display of Flags and Firework Displays 73
6.11 Display of Signs 74
6.12 Access Ramp Construction 74
6.13 Service Animals 75
6.14 SLAPP Protection and Public Participation 75
6.15 Electronic Transmission of Notices 76
7 Covenants and Use of Association Property
7.1 Covenants 78
7.2 Covenants for Operation and Maintenance 78
7.3 Compliance with the Covenants and Restrictions 79
7.4 Mediation and Enforcement of the Documents 81
7.5 Enforcement Sanctions and Penalties 82
7.6 Notice of Violation and Uniform, Timely Enforcement 83
7.7 Age and Occupancy Limitations 84
7.8 Lease and Rental Restrictions 85
7.9 Sale and Transfer Restrictions 87
7.10 Amendments to the Governing Documents 87
7.11 "Grandfather" Provisions 89
7.12 Revival of the Governing Documents 90
7.13 Parking and Unauthorized Vehicles 91
7.14 Towing of Unauthorized Vehicles 91
7.15 Private Roadways 92
7.16 Penny-ante Gambling 93
8 Architectural Control and Standards
8.1 Architectural Standards 96
8.2 Unauthorized Structures 96
8.3 Permitted Structures and Improvements 97
8.4 Communication Services 98
8.5 Uniform Community Scheme 98
8.6 Architectural Review Committee 99
8.7 Architectural Standards and Parcel Owner Rights 100
8.8 Architectural Standards and Local Codes 100
8.9 Video Security Systems 101
8.10 Extinguishing Discriminatory Covenants 101
9 Rights and Responsibilities
9.1 General 103
9.2 Rights and Privileges of the Developer 103
9.3 Limitations and Obligations of the Developer 104
9.4 Assessment Responsibilities of the Developer 104
9.5 Recreational Amenities 105
9.6 The Developer and Transition of Control 106
9.7 Organization of Owner-Controlled Board 107
9.8 Common Law Warranties 108
9.9 Construction Defects-Presuit Procedures 108
10 Style and Format for Association Forms and Documents
10.1 Membership Meeting Forms and Sample Documents 113
10.2 Board of Directors Meetings and Sample Documents 128
10.3 Officer and Committee Forms and Sample Documents 139
10.4 Budget and Financial Forms and Sample Documents 145
10.5 Disclosure Summary for Prospective Purchasers 155
Table of Cases 157
Index 170
