OVERVIEW• Overview of Industry – Types of Communities – Legal Foundation – Rights and Obligations o Developer o Owners o Board members o Officers o Committees
RIGHTS & OBLIGATIONS • Developer • Owners • Board Members • Officers • Committees
COMMON-INTEREST COMMUNITIES• Condominium• Cooperative• Planned community• Master association
LEGAL DOCUMENTS• Declaration – Condominium – Planned community• Proprietary lease – Cooperative• Bylaws• Book of Resolutions• Articles of Incorporation
PROBLEM SOLVING1. Identify the scope of the problem.2. Determine who has the authority and obligation to act.3. Consider approaches and resources; formulate and implement the plan.4. Communicate the plan.5. Monitor and evaluate the plan.
IDENTIFY THE SCOPE OF THE PROBLEM • Roof • Pipes
DETERMINE WHO HASTHE AUTHORITY ANDOBLIGATION TO ACT • Pipes – Declaration – Bylaws • Roof – Declaration – Bylaws
CONSIDER APPROACHES AND RESOURCES; FORMULATE ANDIMPLEMENT THE PLAN • Roof • Assessments – Who has authority? – What are the procedures?
ENFORCEMENTHEARING ERRORS• Before – Didn’t attempt to settle amicably – Didn’t explain variance procedure – Didn’t file complaint – Didn’t send notice of violation
ENFORCEMENT HEARING ERRORS• During hearing – Chair disorganized – Board member was rude – Not prepared for hearing – Relative participated – Didn’t give Susie time to gather and present evidence – Didn’t view property
ENFORCEMENTHEARING ERRORS• Conclusion of Hearing – No valid reasons for decision – Penalty is unreasonable
BOARD MEETING ERRORS• Before Meeting – Notice not adequate – Preparation not adequate
BOARD MEETING ERRORS• During Meeting – Started late – Two members never come – Started without a quorum – Didn’t read background material – Didn’t follow parliamentary procedure – Didn’t follow agenda – No time for resident input – Maybe breach of duty of loyalty – May not have authority to levy assessments – Didn’t take minutes
XYZ FINANCIAL PROBLEMS• Income – Overestimated income – Didn’t plan for bad debts – Overestimated investment income – Borrowed from replacement fund• Expenses – Underestimated expenses – Didn’t plan for unexpected• Replacement fund error?
Community Associations Institute (YOUR NAME) Chapter • Phone • Fax • E-mail • Website (CUSTOM MESSAGE) Building stronger communities.