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15 Cards in this Set

  • Front
  • Back

Define a community association

- real or personal property owned by two or more entities with
- a legal binding agreement to share responsibilities and costs
- for maintenence and administration of property, assets and association - with specific rights for members

5 types of community associations in FL

1 condo
2 cooperative
3 HOA (mandatory homeowners association)
4 timeshare
5 mobile home association

What are the primary purposes of a community association?

-preserve, protect and enhance value of community and its assets
-enhance the lifestyle of the community
-provide for a harmonious community

What are the (3) specific requirements for a community association?
1 mandatory membership
2 members right to vote
3 unpaid assessment can become a lien on the members property

5 advantages of a community association

1 shared amenities
2 shared maintenance costs
3 shared responsibilities in operation of property
4 stability and security
5 centralized responsibility for community property and amenities

5 disadvantages of membership in a community association

1 loss of control
2 financial hardships/special assessments
3 lawsuits
4 undesirable neighbors
5 mismanagement

Define "unit" for each of the 5 types of associations (how ownership of it pertains to each)

CONDO - member gets deed to unit and owns it (unit being airapace, walls, ceiling, cabinets, appliances, etc)

COOP - member gets proprietary lease or occupancy agreement (has shares and right to occupy but corporation owns it)

HOA - member gets deed to lot, home, villa etc. and owns

TIMESHARE - ownership and use of unit is set for a period of time each year (unit may be home, boat, facility, etc)

MOBILE HOME ASSOCIATION - shared property with the lot being owned by the association, and with unit leased or purchased by owner

Define common property and give examples.

jointly owned by all members (elevators, lobby, pool, clubhouse)

Define limited common property and give examples

limited to use by one or more person but only used in specific ways (parking space, rooftop pool only for penthouse members)

Define association property and give examples.

furniture, fixtures and equipment owned and managed by association (lobby furniture, office and pool equipment, etc)

Define appurtenances and give examples

Accessory rights inherent to association members.

- Rights to use of common area's and access of easements by members and guests
- Right to run for association board
- Right to vote
- Right to attend meetings
- Provisions for exclusive use of limited common elements as provided in docs
- Access to available cable tv
- In coop and condo: exclusive use of limited common elements (like assigned parking space) and exclusive easement for unit airspace and view with unit


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With common property, how are coop and mobile homes different from condos, timeshares and HOA's?

Coop and mobile home: association owns common property

condo, timeshare and HOA: membera own common property in undivided interest

Define covenant and the key components to a covenant.

Covenant: a legally binding agreement for a community association

- structured by formal legal docs that define property rights, rules and restrictions
- grants rights and imposes liabilities and responsibilities to association and members
- provides for governance, business and communal aspects of administering, maintaining and enhancing property

Members of an association are responsible to occupy, use and maintain the property in accordance with what two things?

Statutes
Legal documents

3 powers generally granted to corporations

1 - budget for maintenence and operation of property, association and assets

2 - collection of finances nessary to perform responsibilities

3 - entering into contracts, hiring employees and other things necessay