This straightforward, easy-to-read book outlines homeowners' rights and obligations and explains the complexities of living in a community association. It explains how associations operate, collect money, hold meetings and elections and how residents can serve effectively as board members or volunteers. With humor and a conversational writing style the authors explain the pros and cons of those unique new neighborhoods where ownership is shared.

Contents:

• A summary of the history of CIOCs, as well as a discussion of the laws that govern such properties. This chapter also presents the pros and cons of living within such a community.

• Introduces the process by which developers design, build and sell CIOCs. It explains the responsibilities of the developer and the recourses available to homeowners when the developer does not live up to his obligations. It also defines the different types of warranties, and the various methods of dispute resolution available.

• Explains the different "building blocks" of planned communities--the unit, common elements, common areas, association property, limited common elements and appurtenances. It further briefly discusses the basic rights and responsibilities of unit owners.

• Lays out the hierarchy of laws and documents that restrict the activities of homeowners. It covers both federal and state laws, and it introduces the Uniform Common Interest Ownership Act. This chapter also provides various procedures for amending community documents.

• An extensive review of the structure of community associations (the corporations that govern CIOCs). It details the responsibilities of the association and its management, including operations and maintenance. This chapter also discusses liability, risk management and insurance.

• Explains the roles of the officers and directors, the association members who are elected to represent the other owners. It introduces the concepts of fiduciary duty and business judgment, and it describes exactly what any owner should expect if they intend to run for their association board.

• While this concept is introduced in a previous chapter, Chapter 7 is a detailed explanation of the rights granted to every unit owner, including membership in the association, voting, access to documents, rentals, assembly and use of the common elements. It additionally describes unit owner obligations, including paying assessments for maintenance.

• A survey of the procedures commonly used during association meetings--both for the membership and the board of directors. It defines a quorum, explains how committees work and covers voting and notice requirements.

• This is the most contentious issue that any owner will face. Chapter 9 explains the financial responsibilities of owners, how CIOC budgets are developed and which units are responsible for which assessments. It also discusses debt collection, reserves and taxes.

• Presents the most typical rules and regulations that affect the everyday lives of millions of planned community homeowners. It explains the differences between covenants and rules, how to tell if a rule is reasonable and which rules violate various state and federal laws. This is the chapter of the book that describes restrictions on pets, leasing, guests, signs and flags, and restrictions against using units as collateral for loans. It further introduces typical fining and grievance procedures, as well as the remedies available to enforce the rules.

• Closely related to the previous chapter, this section describes the rules governing nuisance--the annoyances that infiltrate the five senses and can make living in a home a nightmare. This chapter covers smoke, smells, noise, garbage, mold, pests, criminal activity and dangerous or mentally incompetent residents. It also explains the standard used to determine whether a noise or smell is a nuisance, or just a normal frustration of community living.

• This chapter lays out the rules and regulations that govern the appearance of the property-style, color, landscaping and additions or modifications made both by homeowners and the association itself. It discusses hurricane shutters, satellite dishes (governed by the federal Telecommunications Act) and balcony enclosures, and it describes the process of community review.

• Perhaps the most important section for many readers, "The Old Folks at Home" explains the laws that govern discrimination, not the least of which are the rules for establishing Housing for Older Persons under the Fair Housing Act, as well as the protection the Act affords to handicapped individuals. It introduces the concepts of "aging in place" (when communities become retirement properties through the passage of time). This chapter also describes the laws that mandate accommodation for handicapped access.

• How does an association protect itself against hazards, liability and natural disasters? Chapter 14 discusses the rules governing insurance. The chapter also reviews the duty of the association to protect residents from dangerous conditions and criminal activity.

• The grand finale. What do you do when your community is better off dead, either due to opportunities for reinvestment, casualty or obsolescence? Chapter 15 explains how to dissolve the association and bury the body.

About the Authors