Presenters Carolyn Goldschmidt, Monroe McDonough Goldschmidt & Molla
DJ Vlaming, Association Reserves Julie Hoover, AAM Pam Hilliard, AAM
Governing Documents Plat Map CC&R Articles of Incorporation Bylaws Rules and Regulations
• Plat map A plat map is a recorded map of the development. It shows the location of each lot as well as the common areas. Helps define an owner’s or community’s title to property. Information found on the plat includes: Gross area of development – how many acres, the total number of lots Zoning of the development Total miles of public or private streets Information on drainage ways, utilities and utilities easements.
Provides the orientation of the property â€“ north/south/east/west Provide the Tract number and often the name given by the builder for the subdivision. Looking at an individual lot House address, the shape of property (parcel boundary and approximate lot dimensions Other numbers are the builderâ€™s lot number and the parcel number assigned by the county assessorâ€™s office
Declaration of Covenants, Conditions and Restrictions "CC and Rs", these are written rules, limitations and restrictions on use, mutually agreed to by all owners of homes in a subdivision or condominium complex. Most state laws require that a copy of the CC and Rs be recorded with the county recorder and be provided to any prospective purchaser
CC and Rs may limit size and placement of homes, exterior colors, pets, ages of residents, use of barbecues and other conduct to protect the quiet enjoyment of the various residents. CC and Rs are enforced by the homeowners association or by individual owners who can bring lawsuits against violators, and are permanent "run with the land" so future owners are bound to the same rules.
Generally, the CC&Rs •Defines portion of the development owned by the individual owners and those portions owned by the community – An Association may not have any common area. •The CC&Rs creates the relationship between all owners to one another and to the association for the purpose of maintaining, governing and funding the community. •Establishes standards, restrictions and obligation in areas concerning Architectural control to prohibitions on various activities in order to promote harmonious living •Creates an administrative framework for the operation and management of the association •Provides the mechanize for financial support of the association through assessments •And lastly the CC&Rs provide for a transition of control from the developer to the Homeowners
Articles of Incorporation Recorded by Developer
Brings the Corporation into existence Defines the basic powers and purpose of the Association. Entitles the Association to the rights granted to all corporations under state law. May help limit the liability of individual owners for acts of the Association May make it easier to deal with other parties like utility companies or vendors.
Bylaws Provide for the administration and management of the Association. Addresses such topics as: Requirements for membership in the Association Requirements for membership meetings Voting rights of member owners Procedures for electing BOD Qualifications Procedures for the Board to elect officers General Powers and duties of the Board and provisions for indemnification of officers and directors.
Rules and Regulations The rules generally include matters such as upkeep of homes, tenancies, parking restrictions, use of facilities, pet ownership, noise nuisance, waste management, neighbor disputes and resolutions and fines processes.
Generally established by means of Board resolutions Rules and Regs, can be amended by the Board. Can not conflict or override requirements in statue or document higher in the hierarchy of the governing documents.