| Introduction |
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ix | |
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1 The Homeowners Association and the Community Concept |
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1.1 Homeowners Association Concept |
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2 | (1) |
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1.2 Applicable Law and Legislative Intent |
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3 | (1) |
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3 | (1) |
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1.4 The Homeowners Association |
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4 | (1) |
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5 | (1) |
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1.6 Declaration of Covenants |
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6 | (1) |
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1.7 Articles of Incorporation |
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7 | (1) |
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8 | (1) |
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1.9 Rules and Regulations |
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9 | (1) |
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1.10 Priority and Consistency of the Documents |
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9 | (1) |
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10 | (1) |
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1.12 Directory of Homeowners |
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11 | (1) |
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1.13 Community Association Management |
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11 | (2) |
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1.14 Automated Electronic Defibrillator |
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13 | (1) |
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13 | (2) |
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2 Meetings of the Membership |
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15 | (1) |
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2.2 Annual and Regular Meetings |
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15 | (1) |
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16 | (1) |
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2.4 Content of Meeting Notice |
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16 | (1) |
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17 | (1) |
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2.6 Conducting the Meeting |
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18 | (1) |
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19 | (1) |
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19 | (1) |
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2.9 Voting and Vote Tabulations |
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20 | (2) |
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2.10 Election of the Board of Directors |
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22 | (1) |
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2.11 Board Elections by Ballot |
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23 | (1) |
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24 | (1) |
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2.13 Speaking at Membership Meetings |
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24 | (1) |
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2.14 Recording and Taping Membership Meetings |
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25 | (1) |
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2.15 Adjournment to a Different Time |
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25 | (1) |
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26 | (1) |
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2.17 Smoking and the C lean Indoor Air Act |
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26 | (2) |
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3 Board of Directors and Meetings of the Board |
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28 | (1) |
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3.2 Election and Selection |
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28 | (1) |
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3.3 Failure to Fill Board Vacancies |
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29 | (1) |
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30 | (1) |
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3.5 Resignation, Recall, and Removal |
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31 | (1) |
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3.6 Fiduciary Relationship |
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32 | (1) |
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33 | (1) |
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3.8 Meetings of the Board |
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34 | (1) |
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3.9 Notice to Board Members |
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35 | (1) |
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3.10 Notice to Association Members |
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36 | (1) |
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3.11 Membership Participation |
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37 | (1) |
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38 | (2) |
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40 | (1) |
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40 | (1) |
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40 | (1) |
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41 | (1) |
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42 | (1) |
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43 | (1) |
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4.7 Registered Agent and Office |
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43 | (1) |
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44 | (1) |
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44 | (1) |
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4.10 Resignation and Removal |
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45 | (1) |
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46 | (2) |
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48 | (1) |
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48 | (1) |
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5.3 Reserves for Deferred Maintenance |
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49 | (1) |
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5.4 Waiver of Mandatory Reserves |
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50 | (1) |
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5.5 Recreational Amenities |
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50 | (1) |
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5.6 Developing the Proposed Budget |
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51 | (1) |
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51 | (2) |
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5.8 Time for Payment and Delinquency |
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53 | (1) |
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5.9 Enforcement and Liens |
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54 | (1) |
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5.10 Suspension of Rights |
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55 | (1) |
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5.11 Collection of Delinquencies from Tenant |
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56 | (1) |
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5.12 Annual Financial Report |
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57 | (1) |
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5.13 Annual Financial Filings |
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58 | (1) |
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5.14 Contracts for Products and Services |
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59 | (3) |
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6 Rights and Responsibilities of the Parcel Owner |
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62 | (1) |
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6.2 Use of the Common Area |
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62 | (1) |
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6.3 Guests and Tenants of a Parcel Owner |
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63 | (1) |
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6.4 Membership and Voting Rights in the Association |
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64 | (1) |
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6.5 Participation in Association Affairs |
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64 | (1) |
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6.6 Access to Association Records |
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65 | (2) |
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6.7 Financial Obligations |
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67 | (1) |
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6.8 Sale and Transfer of the Parcel |
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68 | (1) |
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6.9 Recreational and Common Facilities Leases |
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69 | (1) |
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70 | (1) |
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71 | (1) |
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6.12 Access Ramp Construction |
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71 | (1) |
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71 | (1) |
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6.14 SLAPP Protection and Public Participation |
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72 | (1) |
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6.15 Electronic Transmission of Notices |
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72 | (3) |
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7 Covenants and Use of Association Property |
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75 | (1) |
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7.2 Covenants for Operation and Maintenance |
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75 | (1) |
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7.3 Compliance with the Covenants and Restrictions |
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76 | (2) |
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7.4 Mediation and Enforcement of the Documents |
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78 | (1) |
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7.5 Enforcement Sanctions and Penalties |
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79 | (1) |
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7.6 Notice of Violation and Uniform, Timely Enforcement |
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80 | (1) |
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7.7 Age and Occupancy Limitations |
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81 | (2) |
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7.8 Lease and Rental Restrictions |
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83 | (1) |
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7.9 Sale and Transfer Restrictions |
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83 | (1) |
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7.10 Amendments to the Governing Documents |
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83 | (2) |
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7.11 Revival of the Governing Documents |
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85 | (1) |
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7.12 Towing of Unauthorized Vehicles |
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86 | (1) |
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86 | (2) |
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88 | (1) |
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7.15 Association Emergency Powers |
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88 | (3) |
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8 Architectural Control and Standards |
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8.1 Architectural Standards |
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91 | (1) |
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8.2 Unauthorized Structures |
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91 | (1) |
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8.3 Permitted Structures and Improvements |
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92 | (1) |
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8.4 Communication Services |
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93 | (1) |
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8.5 Uniform Community Scheme |
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93 | (1) |
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8.6 Architectural Review Committee |
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94 | (1) |
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8.7 Architectural Standards and Parcel Owner Rights |
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94 | (1) |
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8.8 Architectural Standards and Local Codes |
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95 | (2) |
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9 Rights and Responsibilities |
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97 | (1) |
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9.2 Rights and Privileges of the Developer |
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97 | (1) |
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9.3 Limitations and Obligations of the Developer |
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98 | (1) |
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9.4 Assessment Responsibilities of the Developer |
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98 | (1) |
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9.5 Recreational Amenities |
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99 | (1) |
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9.6 The Developer and Transition of Control |
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100 | (1) |
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9.7 Organization of Owner-Controlled Board |
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101 | (1) |
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9.8 Common Law Warranties |
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102 | (1) |
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9.9 Construction Defects---Presuit Procedures |
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102 | (5) |
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10 Style and Format for Association Forms and Documents |
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10.1 Membership Meeting Forms and Sample Documents |
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107 | (15) |
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10.2 Board of Directors Meetings and Sample Documents |
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122 | (11) |
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10.3 Officer and Committee Forms and Sample Documents |
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133 | (6) |
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10.4 Budget and Financial Forms and Sample Documents |
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139 | (9) |
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10.5 Disclosure Summary for Prospective Purchasers |
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148 | (2) |
| Table of Cases |
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150 | (13) |
| Index |
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163 | |
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