A PLACE TO BE

A PLACE TO BE

Sunday, March 18, 2012

TIDBIT

As the poll to the left indicates, 87% interprets the verbiage found in the Declaration of Covenants on ratification as being the voting percentage of those owners PRESENT at a called meeting. To be clear, RATIFICATION is only subject within our Declaration and Bylaws that hail the words “owners present”.
I need to remind the absentees who are concerned about substantial additions or material alterations of the Park; this is a called (every owner notified) meeting for ratification and proxy eligible, so your presence and vote can be arranged no matter what time of the year. As I see it there are only two reasons why our ratification regulation is not being enforced, directors aren’t knowledgeable or feel it’s too much work. Let’s start enforcing this regulations then work on the rest. 
To review these regulations, look to the left and click on March 2005 Restated Declaration of Covenants (Art. X section B) or March 2005 Restated Bylaws (Art. VII) Comment?
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Thursday, March 8, 2012

Chapter 82

After the Annual Meeting there seemed confusion as to who exactly voted on exclusively using Chapter 82 of the Uniform Condominium Act, so there’s a good chance we will see a redoof the voting. For those still confused about the issue, this may help.
Currently the 1963 Chapter 81 Condominium Act covers our Village along with thirteen RETROACTIVE sections of the 1994 Chapter 82 Uniform Condominium Act. Our Village attorney wants owners to vote to amend our Declaration to exclusively use the updated Chapter 82 UCA because she believes opposing attorneys will use Chapter 81’s vague and outdated language to costly extend any litigated process.
An overview comparison shows Chapter 82 is shorter by omitting 20 sections found in Chapter 81 deemed non-essential but retains C-81’s overall format and section titles.
It renames the "public offering statement" found in Chapter 81 to a friendlier "condominium information statement" and replaces the priority Lien with a statutory lien for assessments which favors the association.
It has easier rules for developers, stronger assessment collection language, and permits non-judicial foreclosure of an assessment lien while permitting a 90 day buy back if the Association purchases the foreclosed property.
It requires owners to furnish the Association mortgage information and when necessary gives a Board the ability to communicate with those lienholders about their debt. 
It gives the board the ability to terminate certain utilities, suspend voting rights, and stop common element privileges for nonpayment of assessments.
It rids the old need of Chapter 81’s indexing specifications of recorded instruments by our county clerks and adds several affirmative duties to unit owners and his tenants which include compliance with association documents.
I hope this helps and here is a site for more details. http://www.settlepou.com/uploads/TUCA-1994.pdf

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