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About AMS

Association Powers and Decision Making

Association Structure and Funds

Common Interest Developments (aka Homeowner Associations)

The CC&Rs usually empower the homeowners’ association to adopt Rules, and give the Rules the same binding power as the other governing documents. The Rules often provide usage restrictions relating to alterations, signage, waste disposal, parking, pets, and recreational facilities. Where the same topics are discussed in the CC&Rs, the Rules may add to or explain the CC&Rs but cannot conflict with them. Association Rules are usually enacted after some of the units or lots have been sold and the owners have taken control of the association. They are not subject to any governmental review and do not need to be filed or recorded with any governmental agency.

Director Election and Term

Enforcement and Disputes

Insurance and Liability

Maintenance, Alteration, and Defects

Meetings and Decisions

Mortgages and Liens

Officers, Managers, and Committees

Owner Assessments

The board may impose usage and service fees as long as they do not conflict with the governing documents. The amount of the charges must be reasonable.

Ownership and Possession

Use of Common Area

Use of Common Area

An owner’s guests and tenants have the same common area usage rights as the owner unless the governing documents specifically provide otherwise. The owner is responsible for ensuring that his guests and tenants comply with all applicable association rules and can be liable for violations by his guests or tenants.

A homeowners’ association may charge fees for the use of recreational facilities and refuse access without payment, provided the charge applies equally to all owners and is not specifically prohibited by the governing documents. Such fees can be initiated and adjusted by the board unless the governing documents specifically require an owner vote.
The association may also temporarily suspend an owner’s recreational facilities usage privileges as discipline for a violation of the governing documents. This type of discipline is permitted only if: (i) the governing documents do not specifically prohibit it, (ii) the board has adopted the discipline policy in advance, (iii) notice of the policy has been provided to all the owners in advance, and (iv) the violating owner is given notice of the violation and the opportunity to request a board hearing before the recreational facilities usage privileges are removed.

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