FREQUENTLY ASKED QUESTIONS

LEARN ABOUT

About AMS

The owner and/or person requesting the resale certificates pays for them. There is no cost to the association.

Association Powers and Decision Making

Association Structure and Funds

Common Interest Developments (aka Homeowner Associations)

Director Election and Term

Enforcement and Disputes

Enforcement and Disputes

Alternative dispute resolution requirements imposed by law, and those imposed by the governing documents, are applicable to owner disputes. For a general discussion of alternative dispute resolution requirements, refer to the question “What are mediation and arbitration, and when are they mandatory.

Each owner in a condominium project or planned development has the right to independently enforce the governing documents against any other owner. The mechanism for enforcement is either the court system or alternative dispute resolution depending on the nature of the violation and the dispute resolution provisions of the governing documents. Owners interested in pursuing an enforcement action should consult an attorney.

Insurance and Liability

Maintenance, Alteration, and Defects

When an owner discovers construction defects in a portion of the property which the association is obligated to maintain, he/she should report the problem to the manager or, if there is no manager, to an association officer or director. The association is obligated to repair the damage under the governing documents, regardless of whether the developer is ultimately responsible. The board is required to exercise prudent business judgment in deciding whether to attempt to perform repairs immediately or to first seek to recover repair costs from the developer.

When an owner discovers construction defects in a portion of the property which the owner is obligated to maintain, he/she must repair the damage under the governing documents. The repair obligation exists regardless of whether the developer is ultimately responsible, or whether a previous owner or real estate agent has violated disclosure laws. If the owner fails to repair, the association may do so and assess the costs against the owner. The owner may be entitled to recover his/her repair costs from the developer, a previous owner, or a real estate agent, and should consult an attorney.

Meetings and Decisions

Mortgages and Liens

When an owner defaults on his/her mortgage, the lender is entitled to undertake a foreclosure procedure that ultimately results in an auction-like sale of the defaulting owner’s unit. The lender has no recourse against the association or any other owner. The purchaser at the foreclosure sale must comply with all the provisions of the governing documents, including the obligation to pay assessments. But a foreclosure sale purchaser is not responsible for any unpaid, pre-foreclosure assessments.

Officers, Managers, and Committees

Owner Assessments

Ownership and Possession

In a planned development, the individually owned area is called the lot and typically consists of a piece of land and everything on it. The exact physical location of each lot within a project is shown on the recorded map for that project. Where there are walls or fences that sit on the border of two lots, ownership may be shared or may be owned by the Association unless the CC&Rs provide otherwise. Note that the map and/or CC&Rs for planned developments sometimes give neighbors and even the public the right to cross a private lot (a type of “easement”).

Use of Common Area

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