Who owns the common area in a homeowner association?
Title to the common area can be held by the homeowners’ association in a planned […]
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FAQs
What portions of a planned unit development are individually owned?
In a planned development, the individually owned area is called the lot and typically consists
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What portions of a condominium project are individually owned?
In a condominium project, the individually owned area is called the unit. The exact physical
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Who is the Declarant referred to in the governing documents, and why does the Declarant seem to have special privileges?
The Declarant is the original developer of the project, and he/she/it has special privileges and
How can the HOA Bylaws and Articles be changed or amended?
As with the CC&Rs, amending the Bylaws or Articles generally requires an owner vote, and
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How can CC&Rs be changed or amended?
The Declaration of CC&Rs is the most difficult of the governing documents to amend. In
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Why are the HOA governing documents binding?
The law provides that the use of real estate can be restricted when a document
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How do the HOA Rules relate to the other governing documents?
The CC&Rs usually empower the homeowners’ association to adopt Rules, and give the Rules the
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What is in an HOA’s Articles of Incorporation and the Bylaws?
The Articles of Incorporation or “Articles” are usually short and often contain only the name
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What is in the Declaration of Covenants, Conditions and Restrictions (sometimes called the Declaration or the CC&Rs)?
CC&Rs describe the rights and obligations of the homeowners’ association and of each owner. CC&Rs
What are an HOA’s governing documents?
The term “governing documents” is used as a general reference to the entire group of
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What is the difference between a condominium project and a planned unit development?
The determination of whether a property is developed as a condominium project or a planned
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What is a Common Interest Development (CID)?
The term “Common Interest Development” (or “CID”) describes a form of real estate. This is
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