Community Association - ANSWER legal entity in which the owners enjoy the protection, enhancement, maintenance and preservation of their homes and
... [Show More] property.
What're the three defining characteristics of community associations? - ANSWER 1. Membership in the community association is mandatory and automatic for all owners
2. Certain association governing documents bind the owner and the association to each other through mandated actions.
3. Mandatory lien-based assessments (maintenance fees) are levied on each owner in order to operate and maintain the community association.
What is a lien? - ANSWER 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.
What is the primary purpose of a community association? - ANSWER Purpose is to provide for the community, business, and governance aspects of the association. This is done by administering, maintaining, and enhancing a residential real estate development, and through the establishment of a system of property rights, binding covenants and restrictions, and rules and regulations.
What're the 3 types of basic residential community associations? - ANSWER 1. Planned Community
2. Condominium
3. Cooperative
What is a planned community? - ANSWER Owner owns his or her own long and/or living unit
The community owns any common areas, such as tennis courts and roads for the use and benefit of the lot owners.
What is a condominium? - ANSWER The individual owns his or her living unit and an undivided interest in the common elements of the community. Each owner owns a percentage of the common elements - which consist of everything except the living units, ex. pool or lobby. The community association itself owns no real estate as an association.
What is a cooperative association? - ANSWER An individual owns stock or membership in the cooperative and holds a proprietary lease or occupancy agreement for his or her living unit.
What is a proprietary lease or occupancy agreement? - ANSWER defines the member or stockholder's rights and obligations in relation to the living unit.
The 3 types of residential community associations can exist by themselves or they can be grouped in clusters called: - ANSWER 1. Master or umbrella associations
2. Mixed-use developments
3. "55 and Older" Communities
What is a Master or Umbrella Association? - ANSWER A master or umbrella association consists of more than one residential community association.
What is a Mixed-Use Development? - ANSWER A mixed-use development usually consists of a mixture of residential and commercial and/or industrial uses group together. Their marketing slogan is often "live, work, play".
What is a "55 and Older" Community? - ANSWER Must have one person who is 55 years of age or older living in at least 80% of its occupied units.
What is the Equal Employment Opportunity Commission (EEOC)? - ANSWER The federal government prohibits discrimination against otherwise qualified people in hiring, promotion, dismissal, compensation, and working conditions based on specific personal characteristics including:
-race and ethnicity
-color
-national origin
-age
-gender
-religion
-pregnancy
-disability
What is the Fair Debt Collection Practices Act (FDCPA)? - ANSWER The purpose of the FDCPA is to protect debtors from unscrupulous debt collectors and to impose a consistent and fair method to collect debts.
What is the Fair Labor and Standards Act (FSLA)? - ANSWER FLSA dictates standards for the basic minimum wage and overtime pay. It affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. Some states have higher basic minimum wage amounts.
What is the Family and Medical Leave Act (FMLA)? - ANSWER Administered by the Wage and Hour Division of the Department of Labor, FMLA requires employers of 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child, or parent. [Show Less]