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Homeowner Associations and Condominimum Associations Laws

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ALASKA

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ALABAMA

 Community Development District laws may apply  to Homeowners Associations: “Community development district” shall mean a private residential development that: (1) Is a size of at least 250 acres of contiguous land area; (2) has at least 100 residential sites, platted and recorded in the probate office of the county as a residential subdivision; (3) has streets that were or will be built with private funds; (4) has a social club with: (i) an 18- hole golf course of regulation size; (ii) a restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons; (iii) social club memberships with at least 100 paid-up members who have paid a membership initiation fee of not less than two hundred fifty dollars per membership; (iv) membership
policies whereby membership is not denied or impacted by an applicant’s race, color, creed, religion, or national origin; and (v) a full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold.

See State Code of Alabama

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ALASKA

Common Interest Ownership Act: A common interest community in which portions of the real estate are designated for separate ownership; the remainder of the real
estate is designated for common ownership solely by the owners of those portions; and the undivided interests in the common elements are vested in the unit owners.
Except as provided in AS 34.08.030, this chapter applies to each common interest community created within the state after January 1, 1986.

Common  Interest  Ownership Act applies to Homeowners Associations.

Horizontal Property Regimes Act

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ARIZONA 

  • Planned Communities (33:16-1) The Planned Community Act & Homeowners’ Association Dwelling Action laws apply to HOAs. Planned Community Act  Homeowners’ Association Dwelling Actions (statutes addressing disclosures and construction defects)
  • See State Code of Arizona
  • Condominium (33:9-1 to 4) Planned Community Act: “Planned community” means a real estate development which includes real estate owned and operated by a nonprofit corporation or unincorporated association of owners that is created for the purpose of managing, maintaining or improving the property and in which the owners of separately owned lots, parcels or units are mandatory members and are required to pay assessments to the association for these purposes. Planned community does not include a timeshare plan or a timeshare association that is governed by chapter 20 of this title.

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ARKANSAS

  • Arkansas Horizontal Property Law  Title 18 (Property), Subtitle 2 (Real Property)  Chapter 13 (Horizontal Property) NOTE: Horizontal Property Act  is Not applicable to Homeowners Associations. The Act covers a part of the property intended for residential, commercial, industrial, or any other type of independent use consisting of one (1) or more rooms or spaces occupying one (1) or more floors in a building or buildings of one (1) or more floors designated as an apartment in the master deed and delineated on the plans provided for in § 18-13-105.
  • Timeshare Act

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CALIFORNIA

Davis-Stirling Common Interest Development Act: “Common interest development” means any of the following:
(1) A community apartment project;
(2) A condominium project;
(3) A planned development; or
(4) A stock cooperative.

“Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

A “condominium project” means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to: (1) boundaries described in the recorded final map, parcel map, or condominium plan; (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof; (3) an entire structure containing one or more units; or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.
“Planned development” means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

(1) The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
(2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may
become a lien upon the separate interests in accordance with Section 1367 or 1367.1.

“Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners’ interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to
be an interest in a common interest development and a real estate development for purposes of subdivision (f) of Section 25100 of the Corporations Code.

Other State Laws

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COLORADO

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CONNECTICUT

Common Interest Ownership Act  (CIOA) applies to homeowners associations: “Common interest community” means real property described in a declaration with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for (A) real property taxes on, (B) insurance premiums on, (C) maintenance of, or (D) improvement of, any other real property other than that unit described in the declaration. “Ownership of a unit” includes holding a leasehold interest of forty years or more in a unit, including renewal options. “Ownership of a unit” does not include the interest which a resident holds in a mutual  housing association, as defined in subsection (b) of section 8-214f, by virtue of either a state contract for financial assistance or an individual occupancy agreement. An association of property owners funded solely by voluntary payments from those owners is not a common interest community.

“Condominium” means a common interest community in which portions of the real property are designated for separate ownership and the remainder of the real property is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

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DELAWARE

Delaware Division of Corporations

Delaware Unit Properties
Unit Property Act  does not apply to Homeowners Associations.  “Unit” means a part of the property designed or intended for any type of independent use which has a direct exit to a public street or way, or to a common element or common elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the common elements which is assigned thereto in the declaration or any amounts thereof.

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DISTRICT OF COLUMBIA

Condominium Act and Horizontal Property Regimes Act do not apply to Homeowners Associations.

  • D.C. Horizontal Property Act PDF      or go to  Division 7 (Property) Title 42 (Real Property) Subtitle 3 (Condominiums) Select  Horizontal Property Act”
  • D.C. Condominium Act  (PDF): Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.  (or Division 7 (Property) Title 42 (Real Property) Subtitle 3 (Condominiums) Select “Condominiums”)

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FLORIDA

Homeowners’ Associations, Chapter 720, F.S. (jurisdiction limited to arbitration of election and recall disputes)   Homeowners’ Associations: “Homeowners’ association” or “association” means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. The term “homeowners’ association” does not include a community development district or other similar special taxing district created pursuant to statute.

“Community” means the real property that is or will be subject to a declaration of covenants which is recorded in the county where the property is located. The term “community” includes all real property, including undeveloped phases, that is or was the subject of a development-of-regional-impact development order, together with any approved modification thereto.


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GEORGIA 

  • Condominium Act (44-3-70 to 116)
  • Property Owner’s Association Act (44-3-220 to 235) ‘Property owners’ association’ or ‘association’ means a corporation formed for the purpose of exercising the powers of the property owners’ association created pursuant to this article.’Lot’ means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development. Where the context indicates or requires, the term “lot” includes any structure on the lot.
  • Timeshare Act
  • See Georgia State Laws

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HAWAII

The Planned Community Association Act & the Non-profit Corporation Act apply to Homeowners Associations.  “Planned community” means a common interest community, other than a condominium or a cooperative housing corporation or a time share plan, which includes all of the following characteristics:

(1) Real property subject to a recorded declaration placing restrictions and obligations on the owners of the real property and providing for rights and responsibilities of a separate entity, the association:
(a) Which owns and maintains certain property within the planned community for the common use or benefit, or both, of the owners of units within the planned community;
(b) Which is obligated to maintain certain property it does not own within the planned community for the common use or benefit, or both, of the owners of units within the planned community; or owners or units;
(2) Individual owners own separate units which are part of a planned community at least some of which are improved by or are to be improved by residential dwellings;

(3) Owners have automatic and non-severable membership in an association by virtue of ownership of units within the planned community; and
(4) Owners, other than a master developer or declarant, are obligated to pay mandatory assessments by virtue of ownership of a unit within the planned community.

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IDAHO

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ILLINOS

  • 765 ILCS 160/) Common Interest Community Association Act
  • Condominium Property Act
    Sec. 6. Each unit owner shall be entitled to the percentage of ownership in the common elements appertaining to such unit as computed and set forth in the declaration pursuant to subsection (e) of Section 4 hereof, and ownership of such unit and of the owner’s corresponding percentage of ownership in the common elements shall not be separated, except as provided in this Act, nor, except by the recording of an amended declaration and amended plat  approved in writing by all unit owners, shall any unit, by deed, plat, judgment of a court or otherwise, be subdivided or in any other manner separated into tracts or parcels different from the whole unit as shown on the plat, except as provided in this Act.  Not Applicable to Homeowners Associations
  • Illinois statutes

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INDIANA

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IOWA

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KANSAS

  • UNIFORM COMMON INTEREST OWNERS BILL OF RIGHTS ACT    (PDF Version)
  • Common Interest Communities (UCIOBORA) Checklist.
  • Apartment Ownership Act (58-3111)  (The Apartment Ownership Act does not apply to homeowners associations.): “Apartment” or “condominium unit” means a part of the property intended for any type of independent use whether residence, office, the operation of any industry or business or other use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, and with a direct exit to a public street or highway or to a common area leading to such street or highway. To the extent that walks, floors, and ceilings are designated as the boundaries of a condominium unit or apartment by the declaration, all doors and windows  therein, and all lath, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the furnished surfaces thereof, shall be deemed a part of such unit, while
    all other portions of such walls, floors and ceilings shall be deemed a part of the common areas and facilities. If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially within and
    partially outside of the designated boundaries of a unit, any portions thereof serving only that unit shall be deemed a part of that unit, while any portions thereof serving more than one unit or any portion of the common elements shall be deemed a part of the common areas and facilities. All space, interior partitions, and other fixtures and improvements within the boundaries of a unit shall be deemed a part of that unit. Any shutters, awnings, window
    boxes, doorsteps, porches, balconies, patios, and any other apparatus designed to serve a single unit, but located outside the boundaries thereof, shall be deemed a limited common area and facility appertaining to that unit
    exclusively.
  • ip Act (58-3702)
    Article 37. – TOWNHOUSE OWNERSHIP ACT Ch. 58, Art.37  (The Townhouse Ownership Act & the Nonprofit Corporation Act apply to homeowners associations): “Association of townhouse owners” referred to hereinafter as the “association,” shall mean and refer to a nonprofit corporation formed pursuant to article 60 of chapter 17 of the Kansas Statutes Annotated, which owns, in fee simple, the common areas and facilities for the common use and enjoyment of the townhouse  owners, as set forth in the declaration and articles of incorporation. Every person or entity, who is an owner of fee simple title to a townhouse unit in a townhouse project area subject to this act, shall be a member of the corporation, with voting rights as set forth in the declaration and articles of incorporation. The association shall exercise all of the powers and duties reasonably necessary to provide for the management, maintenance, preservation, architectural control and as insurance trustee for the benefit of each townhouse unit owner in accordance with the bylaws and articles of the association and the declaration.

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KENTUCKY

  • Horizontal Property Act Does not apply to homeowners associations(381-805 thru 990) KRS 381.810  relating to condominiums and the Uniform Condominium Act; define relevant terms; provide requirements and procedures for establishment of associations and for the conduct of business; establish rights and responsibilities of unit owners; provide criteria related to the sale of units by unit owners and collection of delinquent fees and assessments; establish procedure for distribution of proceeds as related to common elements; provide for the short title, “Kentucky Condominium Act”.  A “condominium” means the ownership of single units in a single unit or a multiple unit structure or structures with common elements.
  • Horizontal Property Law

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LOUISANA

  • Homeowners Association Law   RS 9:1141: “Homeowners association” or “association” means a nonprofit corporation, unincorporated association, or other legal entity, which is created pursuant to a declaration, whose members consist primarily of lot owners, and which is created to manage or regulate, or both, the residential planned community. “Lot” means any plot or parcel of land designated for separate ownership shown on a recorded subdivision plat for a residential development or the boundaries of which are otherwise described in a recorded instrument, other than common area, within the jurisdiction of the residential community as such area is described in the community documents.
    Condominium Law  RS9:1121.101-117: A “condominium” is the property regime under which portions of immovable property are subject to individual ownership and the remainder thereof is owned in division by such unit owners.
  • Timeshare Law   RS9:1131.1 – 1131.30

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MAINE- 

  • Non-Profit Corporation Act  One of the places to look for homeowners association law.  Check State statutes for  areas such as conveyances, cities and towns, liens, corporations, contract law, etc. None of the following apply to homeowners associations:
  • Condominium Act -applies to condominiums created on or after 1/1/83 Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions under a declaration, or an amendment to a declaration, duly recorded pursuant to this Act. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Any real estate development consisting exclusively of clustered, detached, single family residences is not a condominium, unless so designated in the declaration.
  • Unit Ownership Act – applies to condominiums created prior to 1/1/83
  • Times Shares

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MARYLAND

  • Homeowner Association Act: “Homeowners association” means a person having the authority to enforce the provisions of a declaration. This definition includes an incorporated or unincorporated association. “Lot” means any plot or parcel of land on which a dwelling is located or will be located within a development and this definition includes a unit within a condominium or cooperative housing corporation, if the condominium or cooperative housing corporation is part of a development.
  • Maryland Homeowner Rights
  • Extending the authority of the Attorney General’s Office to HOA’s
    Condominium Act: A “condominium” is property subject to the condominium regime established under this title.
  • Timeshare

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MASSACHUSETTS

  • Time-Shares
  • Condominiums- “Unit” is a part of the condominium including one or more rooms, with appurtenant areas such as balconies, terraces and storage lockers if any are stipulated in the master deed as being owned by the unit owner, occupying one or more floors or a part or parts thereof, including the enclosed
    space therein, intended for any type of use, and with a direct exit to a street or way or to a common area leading to a street or way.
    Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage set forth in the master deed. Such percentage shall be in the approximate relation that the fair value of the unit on the date of the master deed bears to the then aggregate fair value of all the units.
  • Homeowners associations: The above do not apply to. Look under Massachusetts State Laws.

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MICHIGAN

  • Horizontal Property Act (Repealed)
  • Condominium Act: A “condominium unit” is that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use. A condominium unit has a percentage value assigned to it in the master deed.
  • Reference Chart for Michigan Condominium Act
  • Homeowners associations: See Michigan State Laws
  • Time-shares

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MINNESOTA

  • Minnesota Condominium Act
  •  Uniform Condominium Act  UCA: A “condominium” is real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
  •  Common Interest Ownership Act (Chapter 515B) (Homeowners Associations): “Common interest community” or “CIC” means contiguous or noncontiguous real estate within Minnesota that is subject to an instrument which obligates persons owning a separately  described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for (i) real estate taxes levied against; (ii) insurance premiums payable with respect to; (iii) maintenance of; or (iv) construction, maintenance, repair or replacement of improvements located on, one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies. Real estate which satisfies the definition of a common interest community is a common interest community whether or not it is subject to this chapter. Real estate subject to a master association, regardless of when the master association was formed, shall not collectively constitute a separate common interest community unless so stated in the master declaration recorded against the real estate pursuant to section 515B.2-
    121, subsection (f)(1).

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MISSISSIPPI 

Condominium Law That form of ownership of property under which units of
improvements are subject to ownership by different owners and there is appurtenant to each unit as part thereof an undivided share in the common areas. (DOES NOT APPLY TO HOMEOWNERS ASSOCIATIONS)

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MISSOURI 

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions.
Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

The above do not apply to homeowners associations.

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MONTANA

  • Unit Ownership Act   MCA Title 70, Ch. 23 “Condominium” means the ownership of single units with common elements located on property submitted to the provisions of this chapter.
  • The above do not apply to homeowners associations.

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NEBRASKA -

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NEVADA-

  • Nevada Rules for HOA’s (PDF)
    Uniform Common Interest Ownership Act  (UCIOA)  NRS, Ch.116 “ (Homeowners Associations) Common-interest community” means real estate  with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate other than that unit. “Ownership of a unit” does not include holding a leasehold interest of less than 20 years in a unit, including options to renew.
    Condominium Acts: A “condominium” is an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with: (1) A separate interest in space in a residential, industrial or
    commercial building or industrial and commercial building on
    such real property, such as, but not restricted to, an apartment, office or store; or (2) A separate interest in air space only, without any building or structure, to be used for a mobile home. A condominium may include in addition a
    separate interest in other portions of such real property.
    Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years
  • Timeshares
  • Nevada State Law

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NEW HAMPSHIRE-

  • Condominium Act (Does not apply to Homeowners Associations) A “condominium” is real property and any interests therein, lawfully submitted to this chapter by the recordation of condominium instruments pursuant to the provisions in this chapter. No project shall be deemed a condominium within the meaning of this chapter unless the undivided interests in the common area are vested in the unit owners.
  • Condominium Rules

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NEW JERSEY

  • Cooperative Recording Act (46:8D-1 to 18)  Go first to “Table of Contents” then scroll for reference number desired.
  • Common Interest Real Property Act
  • New Jersey Planned Real Estate Full Disclosure Act
  • Nonprofit Corporation Act
  • Horizontal Property Act (46:8A-1 to 28)46:8A: “Apartment” means an enclosed space consisting of one or more rooms occupying all or part of a floor or floors in a building one or more floors or stories, but not the entire building, and notwithstanding whether the apartment be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use, provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare.
  • Condominium Law: 46:8B “Condominium” means the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit. Not applicable for Homeowners Associations.
  • New Jersey State Laws

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NEW MEXICO

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NEW YORK

  • Condominium Act (Does not apply to homeowners associations)
  • “Unit” means a part of the property intended for residential, professional, commercial, industrial or any type of independent use, including one or more rooms or enclosed spaces located on one or more floors in a building, and with
    a direct exit to a public street or highway or to a common area leading to a public street or highway.
    Each unit shall have appurtenant thereto a common interest as expressed in the declaration. Such interest shall be (I) in the approximate proportion that the fair value of the unit at the date of the declaration bears to the then aggregate fair value of all the units or (ii) in the approximate proportion that
    the floor area of the unit at the date of the declaration bears to the then aggregate floor area of all the units, but such proportion shall reflect the substantially exclusive advantages enjoyed by one or more but not all units in a part or parts of the common elements or (iii) the interest of each of the units shall be in equal percentages, one for each unit as of the date of filing the declaration, or in equal percentages within separate classifications of units as of the date of filing the declaration, or (iv) upon floor space, subject to the location of such space and the additional factors of relative value to other space in the condominium, the uniqueness of the unit, the availability of common elements for exclusive or shared use, and the overall dimensions of
    the particular unit.
  • Cooperative Corporations
  • New York State Law

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NORTH CAROLINA

  • North Carolina Planned Community Act, Chapter 47F (applies to homeowners associations) Act: “Unit” means a part of the property intended for residential, professional, commercial, industrial or any type of independent use, including one or more rooms or enclosed spaces located on one or more floors in a building, and with a direct exit to a public street or highway or to a common area leading to a public street or highway. Each unit shall have appurtenant thereto a common interest as expressed in the declaration. Such interest shall be (I) in the approximate proportion that the fair value of the unit at the date of the declaration bears to the then aggregate fair value of all the units or (ii) in the approximate proportion that the floor area of the unit at the date of the declaration bears to the then aggregate floor area of all the units, but such proportion shall reflect the substantially exclusive advantages enjoyed by one or more but not all units in a part or parts of the common elements or (iii) the interest of each of the units shall be in equal percentages, one for each unit as of the date of filing the declaration, or in equal percentages within separate classifications of units as of the date of filing the declaration, or (iv) upon floor space, subject to the location of such space and the additional factors of relative value to other space in the condominium, the  uniqueness of the unit, the availability of common elements for exclusive or shared use, and the overall dimensions of
    the particular unit.
  • North Carolina State Laws
  • North Carolina Condominium Act, Chapter 47C (applies to condominiums created after 10/1/86) Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
  •  Unit Ownership Act (47A)  (applies to condominiums created before 10/1/86) GS Ch. 47A

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NORTH DAKOTA

Condominium Ownership  of Real Property Property Act, North Dakota Century Code (NDCC) Chapter 47-04.01 “Condominium Ownership…”    (Does not apply to homeowners associations.) A “condominium” is an estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of real property together with a separate interest or interests in space in a structure, on such real property.
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OHIO

  • Ohio Planned Community Law (Ohio Revised Code, Title 53, Chapter 5312 Ohio Planned Community Act)
  • Ohio Condominium Law (Quick Reference) : (Does not apply to homeowners associations.)  A “condominium” is a form of real property ownership, in which a declaration has been filed submitting the property to the condominium form of ownership pursuant to this chapter and under which each owner has an individual ownership interest in a unit with the right to exclusive possession of that unit and an undivided ownership interest with the other unit owners in the common elements of the condominium property.
  • Ohio Condominium Law (Ohio Revised Code, Title 53, Chapter 5311 Condominium Property)

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OKLAHOMA:

Condominiums: Unit Ownership Estate Act (Section 60-501 thru 530)  Not applicable to homeowners associations.  “Unit ownership estate” means the ownership of single units in a multi-unit building together with an undivided interest in the common elements.

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Oregon

  • Oregon State Laws
  • Condominium Act
  • Nonprofit Corporation Act (If your association is incorporated.)
  • Planned Communities Act ORS 94.550-94.785 : (Homeowners Associations) “Planned community” means any subdivision under Oregon Revised Statues (ORS) 92.010 to 92.190 that results in a pattern of ownership of real property and all the buildings, improvements and rights located on or belonging to the real property, in which the owners collectively are responsible for the maintenance, operation, insurance or other expenses relating to any property within the planned community, including common property, if any, or for the exterior maintenance of any property that is individually owned.
    “Planned community” does not mean:
    (1) A condominium under ORS chapter 100;
    (2) A planned community that is exclusively commercial
    or industrial; or
    (3) A timeshare plan under ORS 94.803 to 94.945.

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PENNSYLVANIA

  • State Laws
  • Homeowners Associations Uniform Planned Community Act, Title 68, ch.51 :  A “planned community” is real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner’s interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a condominium or cooperative may be part of a planned community. For purposes of this definition, “ownership” includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes nonresidential campground communities.
  • Planned Communities-General Provisions
  • Planned Communities-Creation, Alteration & Termination
  • Condos  Uniform Condominium Act (UCA) A “condominium” is real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
  • Pennsylvania Flag Bill “American, Commonwealth and Military Flag Act.” It provides that, notwithstanding a provision in the bylaws or other rules of a homeowner’s association, cooperative, condominium or planned community, a unit owner may fly the American flag, the Pennsylvania flag, or a military flag within his portion of the property under his exclusive control. The flag may not exceed 3′x 5′. The bill provides that the association must permit the flying of such flags on enumerated days, including: President’s Day, Iwo Jima Flag Raising Day, Vietnam Veteran’s Day, V-E Day, Armed Forces Day, Memorial Day, Flag Day, Independence Day, Korean War Veterans Armistice Day, V-J Day, Patriot’s Day, POW/MIA Recognition Day, Veterans Day, Pearl Harbor Day and the birthday of each branch of the United States Armed Forces.

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RHODE ISLAND

  •  Condominium Ownership Act  (applies to condominiums created before 7/1/82)
    Condominium Ownership Act: A “condominium” means the ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property. A “condominium” is real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a
    condominium unless the undivided interests in the common elements are vested in the unit owners. Provided that each unit owner has a vested, undivided interest in the common elements greater that 0.0 percent, no minimum percentage interest in the common elements is otherwise required  by this chapter.
  • Condominium Law

Not applicable to homeowners associations.

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SOUTH CAROLINA

  • Horizontal Property Act   (Not applicable to homeowners associations.) An “apartment “ means a part of the property intended for any type of independent use (whether it be for residential, recreational, storage, or business) including one or more rooms or enclosed spaces located on one or more floors (or parts thereof) in a building or if not in a building in a separate delineated place whether open or enclosed and whether for the storage of an automobile, moorage of a boat, or other lawful use, and with a direct exit to a public street or highway, or to a common area leading to such a street or highway.
  • Vacation Time Sharing Plans 

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SOUTH DAKOTA

  • Condominium Act (43-15A) A “condominium” means an estate in real property
    consisting of an undivided interest in portions of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building or industrial
  • Time Share (43-15B)

Not applicable to homeowners associations.

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TENNESSEE

  • Horizontal Property Regime (66-27) Not applicable to homeowners associations. A “condominium” is the ownership of single units in a multiple unit structure or structures with common elements.
  • Time Share (66-32)

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TEXAS

  • Property Owners Associations
  • Texas Codes
  • Condominiums-Prior to 1994 Condominium Act:   (applies to condominiums created before 1/1/94) “Condominium” means a form of real property ownership that combines separate ownership of individual apartments or units with common ownership of other elements.
  • Uniform Condominium Act  (applies to condominiums created after 1/1/94): “Condominium” means a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or
    occupancy solely by the owners of those portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the separate legal entity is owned by the unit owners.
  • Time Share Act

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UTAH

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VERMONT

  • Uniform Common Interest Ownership Act   (UCIOA) : (Homeowners Associations) “Common interest community” means real estate described in a declaration with respect to which any person, by virtue of the person’s ownership of a unit, is obligated to: pay real estate taxes on; insurance premiums on; maintenance of; or improvement of any other real estate other than that unit described in the declaration. Ownership of a unit does not include holding a leasehold interest of less than five years in a unit, including renewal options.
  • Condominium Ownership Act

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VIRGINIA

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WASHINGTON

  • Nonprofit Corporation Act
  • RCW 64.38 (Homeowners Associations): “Homeowners’ association” or “association” means a corporation, unincorporated association, or other legal entity, each member of which is an owner of residential real property located within the association’s jurisdiction, as described in the governing documents, and by virtue of membership or ownership of property is obligated to pay real property taxes, insurance premiums, maintenance costs, or for improvement of real property other than that which is owned by the member. “Homeowners’ association” does not mean an association created under chapter 64.32 or 64.34 RCW (condominiums). Real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to this chapter.
  • See RCW 64.38, and the business act under which the association was formed.
  • State laws

These appear to be for condos:

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WEST VIRGINIA

  • Uniform Common Interest Ownership Act (UCIOA) (36B)   (Homeowners Associations use this.) UCIOA: “Common interest community” means real estate with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance or improvement of other real estate described in a declaration: Provided, That any resort owner which, prior to the effective date of this article, began the development of a resort and imposed fees or assessments upon owners of real estate in the resort for maintenance and care of the roads, streets, alleys, sidewalks, parks, common areas and common facilities in and around the resort, for fire and police protection and for such other services as may be made available to owners of real estate, may also impose the same fees and assessments to be used for the same or similar purposes upon persons purchasing real estate in the resort after the effective date of this article without creating a common interest community. “Ownership of a unit” does not include holding a leasehold interest of less than twenty years in a unit, including renewal options.
  • Condominiums and Unit Property Act


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
WISCONSIN

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
WYOMING

Condominium Ownership: (not applicable to homeowners associations) A “condominium unit” is an individual air space unit together with the interest in the common elements appurtenant to such unit.

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UPDATE: Virginia Graeme Baker Pool and Spa Safety Act

 COMPLIANCE DEADLINE: The Commission has set a compliance date of May 28, 2012   (This does not alter the current requirement that public pools be in compliance with the Virginia Graeme Baker Pool and Spa Safety Act121 STAT. 1798 PUBLIC LAW 110–140—DEC. 19, 2007 which became effective December 19, 2008.) 

The 2007 Virginia Graeme Baker Pool and Spa Safety Act, passed by Congress, required all public pools  including those at homeowner associations to be equipped with drain covers and other safety measures to prevent entrapment and evisceration installed by Dec. 19, 2008. Affected pools should have replaced their circulation systems if they have older, direct suction models.

Federal law which  supersedes state statutes  requires the drain cover be installed and those pools  not in  compliance  to remain  closed until the  upgrade is  done. Many HOAs were not happy as this federal safety law requires that the pools be drained down to do the installation. However, it’s a matter of health and safety, not just liability. Attorney Ken Direktor advised that liability issues could be “exacerbated” if a swimmer was injured in a noncompliant pool.

Many of the 300,000 public pools and spas in the U.S. were required to close on December 19, 2008 according to the Consumer Product Safety Commission (CPSC) if they failed to comply with the Virginia Graeme Baker Pool & Spa Safety Act.    Are you absolutely sure yours was installed?? Board members will want to confirm this to protect themselves.

UPDATE:

Federal Register/Vol. 76, No. 196 /Tuesday, October 11, 2011 /Rules and Regulations 62605- 62607

CONSUMER PRODUCT SAFETY COMMISSION  amends part 1450 of title 16 of the Code of Federal Regulations as set forth below: PART 1450—VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REGULATIONS The  final rule was published in the Federal Register of August 5, 2011 (76 FR 47436),  to incorporate into the regulations ANSI/APSP–16 2011 as the successor standard to ANSI/ASME A112.19.8.

 ENFORCEMENT.Violations shall be considered to be a violation of section 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also been forced under section 17 of that Act (15 U.S.C. 2066).

 
The Department of Justice believes their  previous interpretation of an ‘‘unblockable drain,’’  was in error by  undermining the law’s intent by not requiring  several layers of protection into pools and spas  in the form of a secondary anti-entrapment system.

A swimming pool with a single main drain cannot be made ‘‘unblockable’’ by the simple installation of a drain cover meeting certain requirements. Regardless of the size of a drain and its cover, the drain cover can come off, or break over the course of the life of the pool, presenting a risk of entrapment. A drain cover can not be used aloneto convert a blockable drain into an unblockable drain.Section 1403(7) of the VGB Act defines an ‘‘unblockable drain’’ as ‘‘a drain of any size and shape that a human body  cannot sufficiently block to create a suction entrapment hazard.’’


BACKUP SYSTEMS ARE NECESSARY: Drains that are blockable require a secondary anti-entrapment system. Public pool operators that used an unblockable drain cover to create an unblockable drain,  must  equip the pool with a secondary anti-entrapment system as required by the VGB Act.


WHAT ELSE IS NOW REQUIRED, WITH THE UPDATE?  Each public pool with a single main drain, other than an unblockable drain, be equipped, at a minimum, with one or more of the following:

• Safety vacuum release system;
• Suction-limiting vent system;
• Gravity drainage system;
• Automatic pump shut-off system;
• Drain disablement; and/or
• Any other system determined by the Commission to be equally effective as, or better than, the enumerated systems at preventing or eliminating the risk of injury or death associated with pool drainage systems.

These systems collectively are referred to as ‘‘secondary anti-entrapment systems.
POOL AND SPA SAFETY SEC. 1401.

PUBLIC POOL AND SPA DEFINED.—The term ‘‘public pool’’ means a
swimming pool that is—
(A) open to the public generally, whether for a fee
or free of charge;
(B) open exclusively to
(i) members of an organization and their guests;
(ii) residents of a multi-unit apartment building,
apartment complex, residential real estate development,
or other multi-family residential area (other than
a municipality, township, or other local government
jurisdiction); or
(iii) patrons of a hotel or other public accommodations
facility;

CONSUMER PRODUCT SAFETY RULE.—The requirements  shall be treated as a consumer product safety rule issued by the Consumer Product Safety Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).

Todd A. Stevenson, Secretary, Consumer Product Safety Commission.
[FR Doc. 2011–25601 Filed 10–7–11; 8:45 am]

The Staff Technical Guidance will be updated to clarify that placing a removable, unblockable drain cover over a blockable drain does not constitute an unblockable drain.

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General Information:
Phone: (301) 504-7923 Hours: Mon.-Fri. 8 a.m. – 4:30 p.m. ET
E-mail: Please use our Contact Form

Toll-free Consumer Hotline:
Phone: (800) 638-2772 TTY (301) 595-7054
Hours: Mon.-Fri. 8 a.m. to 5:30 p.m.; messages can be left anytime.

Locations

Bethesda Offices and Official Mailing Address
U.S. Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814

Consumer Product Safety Commission is under :

U.S. Department of Justice
Consumer Product Safety Commission
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Department of Justice Main Switchboard – 202-514-2000

E-mails to the Department of Justice, including the US Attorney General, may be sent to AskDOJ@usdoj.gov.

Chairman Inez M. Tenenbaum, Commissioners Robert Adle, Thomas Moore  Nancy Nord and Anne Northup.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

 

CPSC, the enforcing agency of the Act, may impose financial penalties and seek imprisonment for violators. The federal Consumer Product Safety Commission works with state health departments and attorney general offices on compliance checks and enforcement. Health inspectors, who check public pools twice yearly, should be looking at covers.

Regulators first will concentrate on wading pools, kiddie pools and spas,  because young children are the ones most likely to be injured or die in entrapment accidents. The act is named for former presidential adviser James Baker’s 7-year-old granddaughter, who was killed in 2002 when she was trapped by a whirlpool drain.

Jeff McCollum, a spokesman for State Farm Insurance said that if a drain-related accident were to happen the policy holder will probably have a more difficult time proving that they are not liable.

Is Your HOA ADA Compliant? March 15, 2012 deadline

Recent changes were made to the Americans with Disabilities Act (ADA). Homeowner associations are required to take certain actions to be ADA compliant.  They must comply with the 2010 Standards by March 15, 2012*. The law has been in effect since March 15, 2011 and to avoid the $55,000.000 fine must be finished no later that the March 15, 2012 deadline, per the Department of Justice.


* the pool lifts requirement was set aside on March 15, 2012  for 60 days.

————————————————————————————————————————–

The new regulations, which were published in the Federal Register on September 15, 2010, also adopt new ADA Standards for Accessible Design. In addition, the Standards include new requirements for features in recreational facilities such as swimming pools and playgrounds that were not addressed in the 1991 Standards. While the new rules went  into effect on March 15, 2011 a one year grace period is given until  March 15, 2012. NO EXCEPTIONSwww.ada.gov/regs2010/ADAregs2010.htm

 

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The following  has been confirmed with the Department of Justice.  Homeowners Associations must comply with the 2010 Standards’ supplemental requirements in all the following areas:
 
The ADA and other Federal civil rights laws require that accessible features be maintained in working order so that they are accessible to and usable by those people they are intended to benefit. (This is why a battery backup will be required for each of the chair lifts.)  

Areas of Sport Activity:at least one accessible route is required to connect accessible buildings, facilities, elements, and spaces on the same site.  An accessible route must connect the boundary of each area of sport activity (e.g., courts and playing fields, whether indoor or outdoor). In “court” sports the accessible route must directly connect both sides of the court.

Public Entrances.   At least sixty percent (60%) of public entrances are required to be accessible. The revision is intended to achieve the same result as the 1991 Standards.

Parking Spaces  General. Where parking spaces are provided (And they are!) section 208.1 requires a specified number of the parking spaces to be accessible. 

  • accessible parking spaces must be identified by signs that display the International Symbol of Accessibility. Sites that have four or fewer parking spaces are exempt from the signage requirement. (Section 502.6 ).
  • Access aisles must be marked so as to discourage parking in them.(section 502.3.3)
  • an accessible route is required to adjoin each access aisle serving accessible parking spaces. The accessible route connects each access aisle to accessible entrances.(Section 502.3)
  • one in every six accessible parking spaces must be van accessible. The Department does not distinguish between vehicles that are actual “vans” versus other vehicles such as trucks, station wagons, sport utility vehicles, etc. which may be used by individuals with disabilities to transport mobility devices.



Drinking Fountains   must be provided for persons who use wheelchairs and for others who stand.  The 2010 Standards require drinking fountains mounted at a height for wheelchair users to provide clear floor space for a forward approach with knee and toe clearance, and include an exception for a parallel approach for drinking fountains installed at a height to accommodate very small children. The 2010 Standards include a technical requirement for drinking fountains for standing persons.


 Lavatories and Sinks  requires at least five percent (5%) of sinks in each accessible space to comply with the technical requirements for sinks. The technical requirements address clear floor space, height, faucets, and exposed pipes and surfaces. The clear floor space at sinks is required to be positioned for a forward approach and knee and toe clearance to be provided under the sink.

Toilet and Bathing Facilities, Rooms, and Compartments

 Where toilet facilities and bathing facilities are provided, they must comply 

  • Ambulatory Accessible Toilet Compartments.   multi-user men´s toilet rooms, where the total of toilet compartments and urinals is six or more, must contain at least one ambulatory accessible compartment.  The 2010 Standards establish parity between multi-user women´s toilet rooms and multi-user men´s toilet rooms with respect to ambulatory accessible toilet compartments.
  • Urinals. Mens toilet rooms with only one urinal are not required to provide an accessible urinal. However, such toilet rooms will still be required to provide an accessible toilet compartment.
  • Multiple Single-User Toilet Rooms. Where multiple single-user toilet rooms are clustered in a single location,  one hundred percent (100%) are required to be accessible (Exception: accessible single-user toilet rooms must be identified by the International Symbol of Accessibility where all single-user toilet rooms are not accessible.)
  • Water Closet Location and Rear Grab Bar. permits a shorter grab bar on the rear wall where there is not enough wall space due to special circumstances (e.g., when a lavatory or other recessed fixture is located next to the water closet and the wall behind the lavatory is recessed so that the lavatory does not overlap the required clear floor space at the water closet).The 2010 Standards requirement allows the centerline to be between 16 and 18 inches from the side wall in wheelchair accessible toilet compartments and 17 to 19 inches in ambulatory accessible toilet compartments.
  • Water Closet Clearance.  a change in the accessibility requirements where a lavatory is installed adjacent to the water closet. Locating the lavatory  close to the water closet prohibits many individuals with disabilities from using a side transfer. To allow greater transfer options, including side transfers, lavatories are prohibited from overlapping the clear floor space at water closets.
  • Toilet Room Doors.  Section 603.2.3 of the 2010 Standards permit the doors of all toilet or bathing rooms with in-swinging doors to swing into the required turning space, but not into the clear floor space required at any fixture. In single-user toilet rooms or bathing rooms, Section 603.2.3 Exception 2 of the 2010 Standards permits the door to swing into the clear floor space of an accessible fixture if a clear floor space that measures at least 30 inches by 48 inches is provided outside of the door swing.
  • Toilet Paper Dispensers.   require the dispenser to be located seven inches minimum and nine inches maximum in front of the water closet measured to the centerline of the dispenser. The paper outlet of the dispenser must be located 15 inches minimum and 48 inches maximum above the finish floor. The mounting location of the toilet paper dispenser is determined by the centerline of the dispenser and the location of the outlet for the toilet paper.



There is difficulty in using large roll toilet paper dispensers and dispensers with two standard size rolls stacked on top of each other. The size of the large dispensers can block access to the grab bar and the outlet for the toilet paper can be too low or too high to be usable. Some dispensers also control the delivery of the toilet paper which can make it impossible to get the toilet paper. Toilet paper dispensers that control delivery or do not allow continuous paper flow are not permitted by the 2010 Standards. Also, many of the large roll toilet paper dispensers do not comply with the 2010 Standards since their large size does not allow them to be mounted 12 inches above or 1 1/2 inches below the side grab bar as required by section 609.3.







  • Detectable Warnings   provide a distinctively textured surface of truncated domes. The 2010 Standards at sections 218, 810.5, 705.1, and 705.2  require detectable warnings at transit platform edges.(Sound on can contact from adjoining walking surfaces.)
  • Dressing rooms, fitting rooms, and locker rooms are required to comply with the accessibility requirements of sections 222 and 803 of the 2010 Standards. Where these types of rooms are provided in clusters, five percent (5%) but at least one room in each cluster must comply.
  • Dining Surfaces Section 226.1 of the 2010 Standards require that where dining surfaces are provided for the consumption of food or drink, at least five percent (5%) of the seating spaces and standing spaces at the dining surfaces comply with section 902. Section 902.2 requires the provision of accessible knee and toe clearance.
  • Service Counters. The 2010 Standards, at section 904.4, contain technical requirements for service counters.  The nondiscrimination requirements of the ADA regulations require the level of service provided at the accessible portion of any  service counter to be the same as the level of service provided at the inaccessible portions of the counter.
  • Accessible Means of Entry to Wading Pools:at least one sloped means of entry is required into the deepest part of each wading pool.
  • Floor or Ground Surfaces floor or ground surfaces along accessible routes and in accessible rooms and spaces must be stable, firm, slip-resistant, and comply with either section 4.5 in the case of the 1991 Standards or section 302 in the case of the 2010 Standards. 
  • Turning Space Section to be either a circular space or a T-shaped space. Section 304.3 permits turning space to include knee and toe clearance complying with section 306. 





Thresholds at Doorways.  2010 Standards require

    • the height of thresholds at all doorways that are part of an accessible route not to exceed 1/2 inch.  
    • raised thresholds that exceed ¼ inch in height to be beveled on each side with a slope not steeper than 1:2. 
    • include an exception that exempts existing and altered thresholds that do not exceed 3/4 inch in height and are beveled on each side from the requirement.







Handrails Along Walkways.  where handrails are provided along walkways that are not ramps, they shall comply with certain technical requirements.

  • handrail gripping surfaces with a circular cross section to have an outside diameter of 1 ¼ inches to 2 inches. Handrail gripping surfaces with a non-circular cross section must have a perimeter dimension of 4 inches to 6 ¼ inches, and a cross section dimension of 2 ¼ inches maximum.
  •  handrail gripping surfaces must be continuous along their length and not to be obstructed along their tops or sides. The bottoms of handrail gripping surfaces must not be obstructed for more than twenty percent (20%) of their length. Where provided, horizontal projections must occur at least 1 1/2 inches below the bottom of the handrail gripping surface. An exception permits the distance between the horizontal projections and the bottom of the gripping surface to be reduced by 1/8 inch for each 1/2 inch of additional handrail perimeter dimension that exceeds 4 inches.
  • handrail gripping surfaces must have rounded edges.
  •  handrail gripping surfaces must be continuous along their length and not to be obstructed along their tops or sides. The bottoms of handrail gripping surfaces must not be obstructed for more than twenty percent (20%) of their length. Where provided, horizontal projections must occur at least 1 1/2 inches below the bottom of the handrail gripping surface. An exception permits the distance between the horizontal projections and the bottom of the gripping surface to be reduced by 1/8 inch for each 1/2 inch of additional handrail perimeter dimension that exceeds 4 inches.
  • handrail gripping surfaces must have rounded edges.

Accessible Routes

  • Slope. The cross slope of walking surfaces may not be steeper than 1:48 to prevent imperfections in concrete surfaces from ponding water.
  • Floor and ground surfaces shall be stable, firm, and slip resistant and shall comply with 302.   A firm surface resists deformation by indentations on its surface.
  • Ramps.  Turning spaces, for wheelchairs and other mobility devices must park their mobility aids such as in wheelchair spaces, or maneuver to use elements such as at doors, fixtures, and telephones.
  •  Changes in level* greater than 1/2 inch (13 mm) high shall be ramped. “changes in level” refers to surfaces with slopes and to surfaces with abrupt rise exceeding that permitted in Section 303.3. Such changes in level are prohibited in required clear floor and ground spaces, turning spaces, and in similar spaces where people using wheelchairs and other mobility devices must park their mobility aids such as in wheelchair spaces, or maneuver to use elements such as at doors, fixtures, and telephones. The exception permits slopes not steeper than 1:48.

Failure to meet ADA standards can result in fines and lawsuits. This can be verified by calling the Department of Justice which enforces the law: (800) 514-0301 (voice); (800) 514-0383 (TTY)  www.ada.gov 

PROXIES- COMPLIANCE WITH THE LAW

Homeowners may be given the option of attending the annual meeting in person to vote for the board members or returning the proxy.  

HOAs MUST BE IN COMPLIANCE WITH THE LAWS GOVERNING PROXY DESIGNATION.

Proxies, a type of absentee voting, are a valuable part of the voting process, but the board of directors MUST  be aware of the legal implications that can arise when proxies aren’t handled properly.

PROXY VOTING TO ELECT DIRECTORS TO THE BOARD. Homeowners should receive a proxy in the mail along with information (called a proxy statement) describing the issues to be voted on.   The HOA  is legally required to send  details of all items to be discussed at their annual meeting, along with a copy of the annual report.  Based on the information they have received in advance each homeowner has the opportunity to give their consent for someone to cast their vote at the meeting on their behalf.

______________________________________________________________

 INFORMATION  THE PROXY SHOULD INCLUDE:

  • name of the association
  • the word proxy under the name of the association
  • a statement that ____________ is the person’s proxy for the meeting
  • all issues that are to be voted on at the meeting
  • a place for the member to check “yes” or “no” or a place to vote for any candidates being considered for office*.
  • a statement letting homeowners know the date the proxy is good for
  • a place for the member to sign and date the proxy.

*HOAs should  also include with the proxy ballot,  background and  qualifications of the candidates listed on the ballot.

Disclosure Requirement  A valid proxy MUST include full disclosure of all important information regarding the upcoming homeowners vote.  The Annual meeting Notice should explain any additional rules that apply to proxy voting. The Act forbids anyone from soliciting a proxy using material misstatements, omissions or fraud.

______________________________________________________________

Is a “limited proxy” a ballot, when sent to the members to mark how the proxy holder should vote?

No, the proxy holder should receive a ballot at the meeting just like the members present and cast the ballot as  the proxy form instructs him to do.  A proxy ballot is the actual vote cast by the proxy.  In some states a power of attorney (POA) may be required before requesting a proxy ballot. The Board of Directors should be clear on the state laws regarding this issue!

(Note: limited proxy may be  also referred to as an instructed proxy form or “specific proxy forms)

______________________________________________________________

Roberts Rules of Order and other sources of parliamentary procedure generally prohibit nonprofit directors and members from voting by proxy. The rationale is that “. . . proxy voting is incompatible with the essential characteristics of a deliberative assembly in which membership is individual, personal, and nontransferable.” See, Robert, Henry M. (2000). Robert’s Rules of Order Newly Revised, 10th ed., p. 414–415. Thus, nonprofit corporations that have incorporated parliamentary procedures such as Roberts Rules of Order or Sturgis into their bylaws may have indirectly prohibited proxy voting as a result.
A proxy confers authority to act only at the meeting then in contemplation, and in any adjourned-meetings of the same; hence, it may not be voted at another or different meeting held under a new call.

READ MORE

Lobby to get changes made in your state!

Some states such as CA and FL have very strong laws. We will put info here, as it is sent to us in the “comments” , in the hopes that it will help all to be able to  research to find what you want to have put in your state laws.


Should the HOA pay for a social event if all homeowners are invited?

Does a party qualify as legitimate HOA expense?

Review your governing documents (CC&Rs) to be sure a social event is permitted. Most CC&Rs will state specifically what assessments may be used for and to do so otherwise would be a breach of fiduciary duty.

Directors Duty to Attend Board Meetings

Directors need to attend board meetings in order to fulfill the requirements of their position.
A director may simply hold a spot due to a shortage of candidates. A lack of desire to cooperate with the rest of the board may be the reason they are not  willing to participate.
Check your bylaws as they should specify a set minimal number of meetings  directors must meet  in order to  hold on to their position.

 

In California:

  • Corp Code 7231(a) dictates that “a director must perform his duties as a director…”,
  • The Davis-Stirling Act, Civil Code 1365.5.  requires a board member to keep in check with the HOA’s financial shape. By not attending board meetings the director is missing the treasure’s report, thus violating his duties and may be subject to removal.

 

 

 

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