Module 1 Lesson 2 Flashcards
In a community association what outlines expected behavior, identity limitations, and govern the community.
Rules and guidelines
What (4) areas do rules and guidelines cover?
- use of common property
- use individual lots
- changes of appearance of unit
- behavior
These are resolutions which involve routine events.
Example: adopt annual budget or approval on the minutes.
G.A.P.S
General Resolution
These resolutions address the internal operations and address ambiguities and omissions in the bylaws.
Example: operating procedures. Collection, procedures, where meetings are held
Administrative Resolutions
These resolutions affect owners rights and obligations.
Example: rules for common areas and recreational facilities, ARC guidelines, enforcement procedures.
G.A.P.S*
Policy Resolution
These resolutions apply a policy or rule to an individual situation. (Case by case)
Example: decision about an allege architectural violation.
*G.A.P.S**
Special Resolution
Where are the most important sources of a community authority to make or enforce rules?
- state statutes and court decisions
* governing documents
What are (6) criteria for valid rules?
1) not violate constitution
2) consistent with laws, statutes, and documents
3) reasonably related to purpose
4) reasonable
5) uniform enforcement
6) necessary
What are (10) steps in making rules?
1) need for the rule
2) implications
3) authority to make rule
4) scope of the rule ( who/what)
5) enforceability test
6) notice of proposed rule
7) act promptly
8) notice to adopt rule
9) revise rules & regs
10) record if land (if desired)
What are (5) benefits to using due process procedure?
1) handle violations in same manner
2) courts recognize
3) most violations resolved
4) non-threatening and voluntary compliance
5) explore alternate means of resolution
What are (4) alternative dispute resolutions?
1) effective with serious disputes
2) before lawsuit/court involvement
3) trained 3rd party
4) Include arbitration or mediation (non and binding)
Involves submitting a dispute to a trained, uninvolved third party for assistance with solving a problem. The third party’s decision maybe non binding or may act as facilitator.
ADR
Alternative Dispute Resolution
What are several reasons that rule making and enforcement are essential?
- create sense of fairness and equity
- more likely to question authority
- causes courts to rule against association
