Chapter 3 Q & A

Question 1

What are some reasons for establishing community rules and architectural guidelines?

Answer 1

establish and preserve harmonious design for the community

protect the value of the property

Question 2

Describe the scope of rules and guidelines for a community association.

Answer 2

community property & indiv. lots/units
architecture, construction, appearance
behavior of residents

Question 3

List some areas commonly addressed by CA rules.

Answer 3

pets, children parking, solicitation, maintenance, noise, garbage, trash, use of common areas and facilities, renting and leasing

Question 4

List some areas commonly addressed by CA architectural guidelines.

Answer 4

fencing, decks/patios, extortioner lighting, landscaping, doors, window treatments, location of improvements, exterior materials, color of exterior, outdoor equipment, roof, etc.

Question 5

Where do rules fit in the hierarchy of authority in community association law?

Answer 5

at the bottom (topped by fed statutes), however they must be consistent with board resolutions, bylaws, article of inc. and declarations.

Question 6

What is their relationship (rules) to the governing documents?

Answer 6

they cannot contradict or be in conflict with the legal sources that take precedence.

Question 7

What are the 2 most important sources of a community s authority to make and enforce rules?

Answer 7

authority for rules comes from state statutes and court decisions + governing docs,

Question 8

Name and explain the 8 criteria for a valid and enforceable rule or architectural guidelines.

Answer 8

1. can’t violate constitutional right 2. consistent with statues and gov. docs 3. reasonable in relation to operation and community purpose 4. rule must be reasonable 5. rule must be fair 6. rule must be capable of uniform enforcement 7. rules must be uniformly enforced 8. rule must be necessary

Question 9

Name and explain the eight steps in developing a rule or architectural guidelines.

Answer 9

1. determine the need 2. consider the impact 3. ID the source of authority 4. define the scope (who and what) 5. apply an enforce ability test 6. give notice of proposed rule 7. act promptly on setting proposed rule 8. give notice of adopted rule

Question 10

Name some of the benefits of using resolution process to adopt rules for a CA.

Answer 10

1. thorough deliberate approach
2. consistency in rule creation and wording
3. formal record of rules made

Question 11

Explain the 4 parts of a resolution

Answer 11

1. authority - cites the primary source of boards authority
2. purpose - states why its being adopted
3. scope and intent - lists who will be affected for what period of time, reach or range an extent of the rule
4. specifications - expectations of those bound by rule

Question 12

Give some reasons for putting architectural guidelines in writing.

Answer 12

1. indicate to owners changes allowed and under what circumstances
2. avoid claims of arbitrary or selective treatment by owners

Question 13

How does establishing a architectural guidelines committee benefit a board of directors?

Answer 13

1. concentrate their efforts on specific task

2. buffer between the requesting owners and the board

Question 14

What are the benefits of using a due process procedure to enforce rules?

Answer 14

1. rule violations handled the same
2. recognized by courts and legally valid rule enforcement
3. resolving violations outside of court
4. forum for being heard in non-threatening manner
5. allows for exploration of alternative means of violation resolution

Question 15

Define the 6 steps in a due process procedure for handling alleged violations of A rules or guidelines.

Answer 15

1. cease and desist
2. hearing notice
3. have hearing
4. hold default hearing in the absence of
5. issue decision after hearing
6. allow for appeal

Question 16

Name and define some internal resources a CA can use to enforce its rules and guidelines.

Answer 16

suspension of voting rights
suspension of use of facilities
fines
eviction
self help

Question 17

What can a community Assoc. do to increase the likelihood of a court of law upholding its enforcement of its architectural guidelines?

Answer 17

catch violations early, act quickly,

Question 18

Name and define some external resources a community association can use to enforce its rules and guidelines

Answer 18

Local Health department
Local Zoning Department
Local Police Department
Local Fire Department
Local Building Authority
Local Animal Shelter/Control Office