The Homeowners Association Manual
Homeowners association is designed to preserve the common welfare and the property values of the community. In a properly operated community, it does. In a poorly run community, it does not. The proper operating procedures are not difficult, but they are often overlooked or misunderstood. This manual provides a step-by-step explanation of the requirements for meetings, membership voting, and the necessary parliamentary procedures. It serves as a guide to help ensure that the association...
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The Homeowners Association Manual is the first complete practical guide for the operation of Homeowners Associations! Guidelines and information help in operating Homeowners Associations for: Single Family Subdivisions Townhouse & Cluster Developments Mobile Homeowners Associations Master Community Associations Homeowners Associations are designed to preserve the common welfare and the property values of the community. In a properly operated community, they do, but in a poorly run community, community interests are not served. The proper operating procedures are not difficult, but they are often overlooked or misunderstood. The Homeowners Association Manual is a guide to help insure that the association carries out its responsibilities fairly and effectively. It features 13 chapters, and includes 28 forms and sample documents. Some of the key topics covered in the manual include: Understanding the Homeowners Association Concept. Membership Meetings: The Homeowners' Forum. Documents and Organization for Membership Meetings. Rules of Procedure and Proper Decorum. Voting and Determination of the Collective Will. The Board of Directors of the Homeowners Association. Meetings and Procedures of the Board of Directors. Officers of the Association. Committees of the Association. Budget, Finances and Insurance. Amending and Enforcing the Documents. Rights and Responsibilities of Individual Owners. Style and Format for Association Forms and Documents.
Introductionxi1Understanding the Homeowners Association Concept11.1General11.2Responsibility of the Individual Member21.3Interrelationship of the Parts31.4The Law and Legal Principles31.5The Declaration of Convenants and Restrictions51.6Articles of Incorporation61.7Bylaws of the Association71.8Rules and Regulations81.9Policy Statements and Resolutions81.10Priority and Consistency of the Documents92Membership Meetings-The Homeowners Forum112.1General112.2Annual and Regular Meetings122.3Special Meetings122.4Agenda and Order of Business132.5Conducting the Meeting152.6Reports162.7Unfinished Business172.8New Business and General Discussion182.9Adjournment192.10Minutes and Records203Documents and Organization for Membership Meetings223.1General223.2Notice and Proof of Notice for Meeting233.3Content of Meeting Notice243.4Time of Notice253.5Proxies263.6Designation of Voter273.7Check-in Procedures283.8Presiding Officer Selection293.9Pre-meeting Preparations303.10Recording and Taping Membership Meetings314Rules of Procedure and Proper Decorum334.1General334.2Meeting Organization344.3Motions and Seconds354.4Subsidiary and Incidental Motions364.5Privileged and Unclassified Motions374.6Reconsideration384.7Priority of Motions394.8Matters Out of Order404.9Waiving the Rules414.10Debate424.11Decorum435Voting and Determination of the Collective Will455.1General455.2General Consent Voting465.3Voice Votes465.4Voting by Show of Hands465.5Roll Call475.6Ballots475.7Ballot Preparation485.8Voting and the Presiding Officer495.9Determining the Results505.10Recount and Reconsideration506The Board of Directors of the Homeowners Association526.1General526.2Transition from Developer Control536.3Election and Selection536.4Eligibility546.5Term556.6Number566.7Resignation and Removal576.8Fiduciary Relationship and Responsibility576.9Indemnification587Meetings and Procedures of the Board of Directors607.1General607.2Quorum and Absent Board Members607.3Notice to Board Members617.4Notice to Association Members627.5Agenda and Meeting Procedures627.6Written Action637.7Membership Participation647.8Minutes and Records648Officers of the Association668.1General668.2Election of Officers678.3President678.4Secretary688.5Treasurer698.6Vice President708.7Registered Agent and Office708.8Other Officers718.9Scope of Authority728.10Proper Performance of Duties728.11Eligibility738.12Resignation and Removal738.13Compensation749Committees of the Association759.1General759.2Nominating Committee769.3Committee Appointments779.4Committee Authority779.5Committee Meetings and Minutes789.6Committee Reports799.7Special Councils799.8Social Clubs8010Budget, Finances, and Insurance8210.1General8210.2General Operations8310.3Capital Expenses and Deferred Maintenance8310.4Developing the Proposed Budget8410.5Notice and Adoption of the Budget8410.6Annual Financial Report and Financial Filings8510.7Funding the Budget8610.8Time for Payment and Delinquency8710.9Enforcement8710.10Association Casualty Insurance8810.11Association Liability Insurance Coverage8910.12Liability Insurance and Fidelity Bonding for Officers and Directors9010.13Workers' Compensation Insurance9111Amending the Documents and Adopting the Rules9211.1Amending the Homeowners Association Documents9211.2Proposing Amendments to the Documents9311.3Adopting and Recording Document Amendments9311.4Amendments to the Articles of Incorporation9411.5Modification to the Common Property and Common Expense Responsibilities of Owners9411.6Authority and Scope of Rules9511.7Adopting and Amending Rules9512Enforcing the Documents and Preserving the Community Concept9712.1Covenants9712.2Covenants for Operation and Maintenance9812.3Preserving the Residential Community Concept9812.4Violation and Uniform Enforcement9912.5Authority to Exercise Architectural Control9912.6Age and Occupancy Restrictions10012.7Fines and Penalties10112.8Formal Judicial Action10213Rights and Responsibilities of Individual Owners10313.1General10313.2Use of the Common Area10413.3Guests and Tenants of a Parcel Owner10513.4Membership and Voting Rights in the Association10513.5Participation in Association Affairs10613.6Access to Association Records10613.7Financial Obligations10713.8Sale and Transfer of the Parcel10814Style and Format for Association Forms and Documents10914.1Membership Meeting FormsForm 14.1-1Notice of Members' Meeting111Form 14.1-2Proof of Notice Affidavit112Form 14.1-3Agenda for Members' Meeting113Form 14.1-4General Proxy114Form 14.1-5Limited Proxy115Form 14.1-6Voting Certificate116Form 14.1-7Ballot for Board Election11714.2Membership Meeting Sample DocumentsForm 14.2-1Pre-meeting Checklist118Form 14.2-2Chairman's Meeting Guide119Form 14.2-3Sample Motions122Form 14.2-4Minutes of Membership Meeting125Form 14.2-5Roster of Association Members12814.3Board of Directors Meeting FormsForm 14.3-1Notice to Board Members129Form 14.3-2Notice to Association Members130Form 14.3-3Waiver of Notice by Directors131Form 14.3-4Agenda of Board Meeting13214.4Board of Directors Sample DocumentsForm 14.4-1Minutes of Board Meeting133Form 14.4-2Written Action by Board Members135Form 14.4-3Resolution of Procedure136Form 14.4-4Policy Statement13714.5Committee Resolutions and ReportsForm 14.5-1Resolution Creating Committee138Form 14.5-2Declaration Creating Committee139Form 14.5-3Nominating Committee Report140Form 14.5-4Committee Report14114.6Budget and Finance FormsForm 14.6-1Budget142Form 14.6-2Annual Financial Report144Form 14.6-3Claim of Lien146Form 14.6-4Satisfaction of Lien147Index149
