Jun. 9, 2008 - Make And Model Revisited

Just like the different types of Community Associations, the laws that apply come all shapes and sizes too.  For instance, there are three different types of state laws, or statutes, that apply to Community Associations.  You have your general, your specific, and your uniform types.

A general statute applies to Community Associations as well as other types of organizations.  If your association is incorporated, which most are, then the corporate laws of you state apply to your association/corporation.

Specific statutes are association specific.  Mostly they exist to to provide for the establishment and operation of a community as a legal entity.  Some of them regulate development and sale.  Some provide protection for purchasers, owners, and tenants.  Some regulate operation.  The specific statutes are probably the most important type.  They take precedence over the declaration and bylaws.  Since they can be amended by the state legislature it is important to stay on top of them if you want to be a home owner who is in the know.

Only about one third of the states have adopted any uniform statues.  The National Conference on Uniform State Laws is attempting to get a standardized set of statutes going but there is some resistance.  For a person who moves around a lot, or owns properties in multiple states, the adoption of uniform laws regarding association living could be a real blessing.

So you see, there is a little more to community association living than just offer, acceptance, and move in.  An educated homeowner, is a happy homeowner, indeed.  

As always, if you have found yourself receiving my blog postings via e-mail, it is because I have either blogged about you personally, blogged about something I know is of interest to you, or I consider you to be a person of deep thinking and intellect and I would love to have you occasionally commenting on my blog. If you would like to be removed from the list simply send me an e-mail saying so.