The Homeowners Association Manual

Introduction xi Understanding the Homeowners Association Concept 1(10) General 1(1) Responsibility of the Individual Member 2(1) Interrelationship of the Parts 3(1) The Law and Legal Principles 3(2) The Declaration of Covenants and Restrictions 5(1) Articles of Incorporation 6(1) Bylaws of the Association 7(1) Rules and Regulations 8(1) Policy Statements and Resolutions 8(1) Priority and Consistency of the Documents 9(2) Membership Meetings---The Homeowners Forum 11(11) General 11(1) Annual and Regular Meetings 12(1) Special Meetings 12(1) Agenda and Order of Business 13(2) Conducting the Meeting 15(1) Reports 16(1) Unfinished Business 17(1) New Business and General Discussion 18(1) Adjournment 19(1) Minutes and Records 20(2) Documents and Organization for Membership Meetings 22(11) General 22(1) Notice and Proof of Notice for Meeting 23(1) Content of Meeting Notice 24(1) Time of Notice 25(1) Proxies 26(1) Designation of Voter 27(1) Check-in Procedures 28(1) Presiding Officer Selection 29(1) Pre-meeting Preparations 30(1) Recording and Taping Membership Meetings 31(2) Rules of Procedure and Proper Decorum 33(12) General 33(1) Meeting Organization 34(1) Motions and Seconds 35(1) Subsidiary and Incidental Motions 36(1) Privileged and Unclassified Motions 37(1) Reconsideration 38(1) Priority of Motions 39(1) Matters Out of Order 40(1) Waiving the Rules 41(1) Debate 42(1) Decorum 43(2) Voting and Determination of the Collective Will 45(7) General 45(1) General Consent Voting 46(1) Voice Votes 46(1) Voting by Show of Hands 46(1) Roll Call 47(1) Ballots 47(1) Ballot Preparation 48(1) Voting and the Presiding Officer 49(1) Determining the Results 50(1) Recount and Reconsideration 50(2) The Board of Directors of the Homeowners Association 52(8) General 52(1) Transition from Developer Control 53(1) Election and Selection 53(1) Eligibility 54(1) Term 55(1) Number 56(1) Resignation and Removal 57(1) Fiduciary Relationship and Responsibility 57(1) Indemnification 58(2) Meetings and Procedures of the Board of Directors 60(6) General 60(1) Quorum and Absent Board Members 60(1) Notice to Board Members 61(1) Notice to Association Members 62(1) Agenda and Meeting Procedures 62(1) Written Action 63(1) Membership Participation 64(1) Minutes and Records 64(2) Officers of the Association 66(9) General 66(1) Election of Officers 67(1) President 67(1) Secretary 68(1) Treasurer 69(1) Vice President 70(1) Registered Agent and Office 70(1) Other Officers 71(1) Scope of Authority 72(1) Proper Performance of Duties 72(1) Eligibility 73(1) Resignation and Removal 73(1) Compensation 74(1) Committees of the Association 75(7) General 75(1) Nominating Committee 76(1) Committee Appointments 77(1) Committee Authority 77(1) Committee Meetings and Minutes 78(1) Committee Reports 79(1) Special Councils 79(1) Social Clubs 80(2) Budget, Finances, and Insurance 82(10) General 82(1) General Operations 83(1) Capital Expenses and Deferred Maintenance 83(1) Developing the Proposed Budget 84(1) Notice and Adoption of the Budget 84(1) Annual Financial Report and Financial Filings 85(1) Funding the Budget 86(1) Time for Payment and Delinquency 87(1) Enforcement 87(1) Association Casualty Insurance 88(1) Association Liability Insurance Coverage 89(1) Liability Insurance and Fidelity Bonding for Officers and Directors 90(1) Workers' Compensation Insurance 91(1) Amending the Documents and Adopting the Rules 92(5) Amending the Homeowners Association Documents 92(1) Proposing Amendments to the Documents 93(1) Adopting and Recording Document Amendments 93(1) Amendments to the Articles of Incorporation 94(1) Modification to the Common Property and Common Expense Responsibilities of Owners 94(1) Authority and Scope of Rules 95(1) Adopting and Amending Rules 95(2) Enforcing the Documents and Preserving the Community Concept 97(6) Covenants 97(1) Covenants for Operation and Maintenance 98(1) Preserving the Residential Community Concept 98(1) Violation and Uniform Enforcement 99(1) Authority to Exercise Architectural Control 99(1) Age and Occupancy Restrictions 100(1) Fines and Penalties 101(1) Formal Judicial Action 102(1) Rights and Responsibilities of Individual Owners 103(6) General 103(1) Use of the Common Area 104(1) Guests and Tenants of a Parcel Owner 105(1) Membership and Voting Rights in the Association 105(1) Participation in Association Affairs 106(1) Access to Association Records 106(1) Financial Obligations 107(1) Sale and Transfer of the Parcel 108(1) Style and Format for Association Forms and Documents 109(40) Membership Meeting Forms Notice of Members' Meeting 111(1) Proof of Notice Affidavit 112(1) Agenda for Members' Meeting 113(1) General Proxy 114(1) Limited Proxy 115(1) Voting Certificate 116(1) Ballot for Board Election 117(1) Membership Meeting Sample Documents Pre-meeting Checklist 118(1) Chairman's Meeting Guide 119(3) Sample Motions 122(3) Minutes of Membership Meeting 125(3) Roster of Association Members 128(1) Board of Directors Meeting Forms Notice to Board Members 129(1) Notice to Association Members 130(1) Waiver of Notice by Directors 131(1) Agenda of Board Meeting 132(1) Board of Directors Sample Documents Minutes of Board Meeting 133(2) Written Action by Board Members 135(1) Resolution of Procedure 136(1) Policy Statement 137(1) Committee Resolutions and Reports Resolution Creating Committee 138(1) Declaration Creating Committee 139(1) Nominating Committee Report 140(1) Committee Report 141(1) Budget and Finance Forms Budget 142(2) Annual Financial Report 144(2) Claim of Lien 146(1) Satisfaction of Lien 147(2) Index 149