Community Association
is a legal entity in which the owners enjoy the protection enhancement maintenance and preservation of their homes and
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What are the three characteristics of a Community Association
Mandatory Membership
mutually binding documents
lien based assesments
Is membership in the community association is?
Mandatory and automatic for all its owners.
Why are mandatory lien based assessments (maintenance fees) levied on each owner
In owner in order to operate and maintain the community association
What is the primary purpose of a community association
To provide for the community, business, and governance aspects of the association.
What are the three basic types of Community Associations
Planned Community
Condominium
Coopperative
The National Conference of Commissioners on Uniform State Laws uses the term _______________ to refer to the most common type of community association.
Planned Community
In a planned community
Owner owns his or her lot/living unit and the community owns any common areas such as tennis courts and roads for the use and benefit of the lot owners.
In a condominium
An individual owns his or her living unit and
undivided interest in the common elements of the community.
Each owner owns a percentage of the common elements....pool or lobby. The community association itself owns no real estate as an association.
In a Cooperative
An individual owns stock or membership.
Holds a proprietary lease or occupancy agreement for his or her living unit.
For most cooperatives, the community association owns all of the real estate as a not for profit corporation. There are some that are for profit entities.
A proprietary lease or occupancy agreement
defines the member of or stockholder's rights and obligations in relation to the living unit.
What are the 3 other types of communities which can exist by themselves or can be grouped in clusters called.
Master Umbrella association
Mixed Use Development
55 and older Communities
Mixed - Use Developments
Usually consists of a mixture of residential and commercial and or industrial uses grouped together...
Their marketing slogan is often live, work, play.
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.
SSCRA
Soldiers and Sailors Civil Relief Act of 1940
impacts American forces on active duty by requiring the delay of all civil court actions, such as bankruptcy and foreclosure, until the service member returns from active duty.
FCC
Stands for Federal Communications Commission. The Telecommunications Act of 1996.
Rule concerning restriction on viewers ability to view programming from direct broadcast satellites, wireless cable and television broadcast stations.
What statue takes precedence over any general statue that applies to the community association.
A Specific state statue
Do specific state statues take precedence over a community associations governing documents?
Yes, unless it is written to all for flexibility.
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