Sessions I & II Flashcards
What Specific Documents must be recorded to create a CID?
- Declaration (CC&R’s)
- Final Map or Parcel Map
- Condominium Plan ( required only if the CID is a Condo)
Identify the purpose of each governing document
- Articles of Incorporation: Set forth the associations purpose “Birth Certificate for the corporate entity.
- Declaration: Describe the permitted and Prohibited use of property within the CID, and requires maintenance of the separated interest and common areas.
- By Laws: Provide information for day to day governance.
- Operations Rules: guide the mgmt and operation of the CID or the conduct of business/affairs of the association.
According to the David Sterling Act, what must the declaration contain
- The Name of the association.
- A legal Description of the CID
- A statement as to which type of CID is being created
- Restrictions on use and enjoyment intended to be enforceable equitable servitudes.
When are CCR’s unenforceable? When are operating rules unenforceable?
- CCR’s when against public policy ( I.e Government or state Laws) unreasonable, or enforced in a arbitrary or capricious Manner.
- Operation rules, if they are not reasonable,in writing writhing the board authority , consistent with law and governing documents and adopted/amended legally and in good faith.
Who can enforce the CC&R’s
Associations and or any separate interest owner
An associations should seek legal counsel in response to homeowner requests or complaints regarding what topics?
- disability modifications/ accommodations
- Community Safety
- Discrimination
What are the criteria for the board to implement emergency rule changes?
- Determine an imminent threat to health ( COVID 19) safety or economic loss.
- Can only be effective for 120 days ( May be re adopted using regular rule adoption procedures.)
What characterizes a certified managing agent?
- Completion of certifications process designated by a professional association in CA for common interest.
- Educational requirements including passing scores on specified exams.
- over 30 hours of training
- competence
What are the key differences b/w IDR and ADR?
- IDR is informal ,ADR formal
- IDR free to homeowner , ADR has a cost for the homeowner
- IDR is optional for the homeowner , ADR is a prerequisite to filling a lawsuit.
What is the maximum dollar amount an association can sue for in small Claims Court?
5,000.00
What are the (4) kinds of CID’s
- Community Apartment Project
- Condominium Project
- Planned Development (Planned Urban Development) PUD
- Stock Cooperative
Common Area is defined as?
Is everything within the CID except the separate interest and may consist of mutual or reciprocal easement rights.
What are Exclusive Rights (Restricted use in common area)
Is a common area this is a portion of the common area used by one or more, but not all separate interest owners. IE Patios and balconies, carports and garages, Telephone Wiring serving individual units.
Define Community Apartment Project
The exclusive rights to occupy an apartment.
Define Condominium Project
Separately owned lot, parcel area of space.
