Definitions- Section 209

Question 1

What is an assessment

Answer 1

Regular Assessment, Special Assessment, or any other amount an owner is required to pay under a dedicatory instrument.

Question 2

What is a Board

Answer 2

Governing body of a POA

Question 3

What is a Dedicatory Instrument

Answer 3

Each governing instrument covering the following in a Residental Subdivision:

1) Establishment;
2) Maintenance; and
3) Operation

Question 4

Types of Dedicatory Instruments

Answer 4

Restrictive Covenants;
Bylaws
Rules and Regulations; and
Any amendments to the above

Question 5

What is a Developmental Period

Answer 5

The period in which the Declarant controls the Association

Question 6

What is a Lot

Answer 6

any parcel of land and any improvements on that Parcel

Question 7

Who is an Owner

Answer 7

Person who holds record title to land in a Residential Subdivision

Question 8

What is a Property Owners Association

Answer 8

Incorporated or Unincorporated association that:

1) Represents the Owners;
2) Membership primarily of Owners; and
3) Managed primarily for the benefit of Owners in the Residential Subdivision

Question 9

What is a Regular Assessment

Answer 9

1) Any fee that is required to be paid by owners in a Residential Subdivision on a regular basis; and
2) That is designated for use by the POA for the benefit of the Residential Subdivision

Question 10

What is a Residential Subdivision

Answer 10

Subdivision or Townhome in which land has been divided into two or more parts and is subject to restrictions that:

1) Limits a majority of the land to residential use only (excluding streets, common areas, and public areas);
2) Restrictions are recorded in the County Clerk’s Office;
3) Requires membership in a POA that has authority to impose regular or special assessments

Question 11

What are “Restrictions”

Answer 11

One or more Restrictive Covenants contained in a Declaration or Plat and filed with the County

Question 12

What are “Restrictive Covenants”

Answer 12

Any Restrictions contained in a Dedicatory Instruments

Question 13

What are “Special Assessments”

Answer 13

Any charge, other than Regular Assessments, required to be paid by an owner in a Residential Subdivision that is required to be paid to the POA as required by procedures in a Dedicatory Instrument for.

Question 14

What can Special Assessments be used for?

Answer 14

1) Capital Improvements
2) Unexpected Repair;
3) Maintenance in common areas; and
4) Any purpose stated in the Dedicatory Instruments

Question 15

What is Verified Mail

Answer 15

Any method of mailing for which evidence of mailing is provided by the USPS or a common carrier