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Course Introduction
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Course Introduction

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  1. Course Introduction Welcome! • Introductions • Icebreaker • Housekeeping • Agenda

  2. Course Introduction • Housekeeping • Ground Rules • Be on time • Listen to and show respect for the opinions of others • No side-conversations • Cell Phone and PDAs off • Facilities • Breaks • Lunch • Parking Lot

  3. Course Introduction Professional Management Development Program (PMDP) • M-100 Essentials of Community Association Management • M-201 Facilities Management • M-202 Association Communication • M-203 Community Leadership • M-204 Community Governance • M-205 Risk Management • M-206 Financial Management

  4. Course Introduction Course Materials • Participant Guide • Lessons • Activities • Course Evaluation Forms • Course Exam

  5. Course Introduction Importance of Course • A community association combines some of the characteristics and activities of a local government, a business and a community.

  6. Course Introduction In this course, we will focus on community governance. • The role of governing documents, statutes, and case law in community governance • A manager's corporate, contractual, and ethical responsibilities to the association • The role of rules in community governance • Professional services and contracts for associations

  7. Course Introduction Module 1: Legal Authority Module 2: The Manager Module 3: Contractual Relationships Module 4: Rules Development and Enforcement

  8. Module 1: Legal Authority

  9. Course Introduction Focus Understanding and operating the community association as a legal entity.

  10. Legal Authority Module Objectives • Locate specific provisions in a community association’s governing documents. • Explain the procedures for amending a community association’s governing documents. • Identify situations when an amendment is necessary. • Identify situations when a resolution is appropriate.

  11. Legal Authority Module Objectives • Draft a resolution clarifying the governing documents. • Determine how to amend governing documents. Identify and communicate information on statues, regulations, and case law. • Identify the appropriate ways for a community association to influence public policy. • Describe current scope of local, state and national statues that affect community managers.

  12. Lesson 1: Understanding Governing Documents

  13. Understanding Governing Documents Learning Objectives • Locate specific provisions in a community association’s governing documents • Explain the procedures for amending a community association’s governing documents

  14. Understanding Governing Documents M-100 • Topics typically covered in each type of document. • There are always exceptions. • It's up to the community association manager to know where to find a topic.

  15. Understanding Governing Documents Declaration, CC&Rs, or Master Deed -Defines the essential elements of ownership Bylaws - Establish governing regulations for the administration and management of the community association Articles of Incorporation - Establish the association as a corporation

  16. Understanding Governing Documents Activity #1: Locate Specific Provisions in Governing Documents Purpose: To increase participant's familiarity with his/her own community's governing documents.

  17. Understanding Governing Documents Amending Governing Documents There are times when the documents: • are silent. That is, they do not address an issue. • contain a provision that needs to be changed. • need clarification or elaboration.

  18. Understanding Governing Documents Governing Documents • Each governing document usually contains a procedure for amending it. • The procedure may differ for different documents in the same community association. • Procedures vary by community associations. • A procedure must be followed accurately in order to be legally binding • An amendment may need to be recorded in the official land records or the state corporation records in order to be legally binding.

  19. Understanding Governing Documents Activity #2: Compare and Contrast the Amendment Procedures for Participant’s Documents Purpose: • To become more familiar with participant's own community's amendment procedures. • To develop an awareness of the variation in amendment procedures by hearing from other participants.

  20. Lesson 2: Amendments and Resolutions

  21. Amendments and Resolutions Lesson Objectives • Identify situations when an amendment is necessary. • Identify situations when a resolution is appropriate. • Draft a resolution clarifying the governing documents. • Determine how to amend governing documents.

  22. Amendments and Resolutions Factors to consider: • Time Involved • Expense Involved • Effort Involved

  23. Amendments and Resolutions Activity #3: Participant Identifies a Document Amendment Purpose: • To identify a document-related issue that needs to be addressed or clarified by the community association. • To decide if amending the documents is the appropriate solution

  24. Amendments and Resolutions Definition • A resolution is a formal motion that cites the authority, purpose, and scope and intent of the motion, as well as its content or specifications • A policy resolution addresses owners’ rights and obligations

  25. Amendments and Resolutions Parts of Resolution Samples • Authority • Purpose • Intent • Content/Specifications

  26. Amendments and Resolutions Sample Board Resolution • These are samples of approaches to a situation. • The first one addresses a situation where the documents are silent. • The second one clarifies the documents on an issue.

  27. Amendments and Resolutions Activity #4: Board Resolution Needed to Address a Document-Related Issue Purpose: • To identify a document-related issue for which a board resolution is an appropriate solution. • To practice drafting a document-related board resolution.

  28. Lesson 3: Laws that Affect Associations

  29. Laws that Affect Associations Learning Objective • Identify and communicate information on statues, regulations, and case law. • Identify the appropriate ways for a community association to influence public policy. • Describe current scope of local, state and national statues that affect community managers.

  30. Laws that Affect Associations Reasons for staying informed • May benefit the association or owners. • May prohibit or restrict something the association would like to do • Often require something that the documents do not address. Might permit something restricted by the documents.

  31. Laws that Affect Associations Some statutes… • State a general rule, but allow the documents to vary from it. • Override conflicting documents. Terminology • We will use “statutes" to include laws, as well as codes, ordinances, and regulations adopted under statutory authorization.

  32. Laws that Affect Associations Governing documents and case law • In general, if a court decision at the appellate level holds a document provision unenforceable or otherwise interprets it—the court's holding will apply to all documents with the same or substantially similar language • ...in the state or region over which the court has jurisdiction.

  33. Laws that Affect Associations Activity #5: Ways for a Community Association to Influence Pending Legislation Purpose: To discuss the ways a community association can attempt to influence pending legislation.

  34. Laws that Affect Associations Appropriate ways to attempt to influence legislation • Voter Registration • Public Forums • Work through CAI • Legislative Efforts • Political Process

  35. Laws that Affect Associations Sources a Manager can use…. • Community Associations Institute • Attorneys experienced in community association law • Applicable state codes • Local municipal or ordinance codes • Legislators

  36. Laws that Affect Associations Inappropriate ways to attempt to influence Legislation • Spending association funds without authority • Supporting specific candidates • Dealing inappropriately with legislators

  37. Laws that Affect Associations Activity #6: Current Scope of Statutes Purpose: To discusses sources a community association manager can use to stay informed about statutes and case law

  38. Laws that Affect Associations Specific statute—One that applies only to one or more types of community associations Example: Most states have a condominium act

  39. Laws that Affect Associations Uniform statute—A standardized statute developed by the National Conference of Commissioners on Uniform State Laws that a state can adopt with or without modification Examples: • Uniform Condominium Act • Uniform Planned Communities Act • Model Real Estate Cooperative Act • Uniform Common Interest Ownership Act

  40. Laws that Affect Associations Key Federal Legislation • Title VII of the Civil Rights Act of 1964 • Fair Housing Act (FHA) • Americans With Disabilities Act (ADA)

  41. Laws that Affect Associations The scope of statutes at the state level • Health & Safety • Housing • Equal Access • Collection • Insurance • Real Estate Disclosure • Building Codes

  42. Laws that Affect Associations The scope of statutes at the local level depends on the— • Constitutional setup of the state • Powers that are given to local governments

  43. Module Summary Focus:Understanding and operating the community association as a legal entity.

  44. Module Summary Module Objectives • Locate specific provisions in a community association’s governing documents. • Explain the procedures for amending a community association’s governing documents. • Identify situations when an amendment is necessary. • Identify situations when a resolution is appropriate.

  45. Module Summary Module Objectives • Draft a resolution clarifying the governing documents. • Determine how to amend governing documents. Identify and communicate information on statues, regulations, and case law. • Identify the appropriate ways for a community association to influence public policy. • Describe current scope of local, state and national statues that affect community managers.

  46. Discussion Questions • What is the most difficult aspect of updating your association’s governing documents? • What are some good reasons for amending a community’s governing documents? • Name and describe some of the local, state, and national statutes that influence you as a community manager.

  47. Additional Resources • College of Community Association Lawyers: www.caionline.org/career/designations/ccal/Pages/default.aspx • Legislative Action Committees: www.caionline.org/govt/advocacy/LAC/Pages/default. • CAI’s Government and Public Affairs: www.caionline.org/govt/Pages/default.aspx • HUD: http://www.hud.gov/

  48. Module 2: The Manager

  49. Course Introduction Focus The organizational, contractual, and ethical basis for a manager's role in community governance