A PLACE TO BE

A PLACE TO BE

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to exclusively use the updated Chapter 82 UCA because she believes opposing attorneys will use Chapter 81’s vague and outdated language to costly extend any litigated process.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

2 comments:

Anonymous said...

"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."

ARE YOU KIDDING ME???!!! This is only ONE part of what is in this Chapter 82 thing...something which was NEVER discussed as a whole anywhere for people to read and understand. For those of you who voted FOR this, please take another look since we may have an opportunity to vote again. Do you really want to give our HOA and Board more personal and private information? THINK!

ALSO, do you really want to make it easier for our HOA to foreclose on your property? Think about this scenario: a Board member, or personal friend or relative, wants to steal your property through a back-door foreclosure OR wants to devalue the property so they can purchase it for only what is owed on it. THINK!

READ WHAT JOEY HAS POSTED ABOVE AND THINK!!!

Anonymous said...

Calm down,
If you look at Article XVI section 5, giving lien holder info is already being done. Most of this stuff is nothing new in our bylaws except it’s not in Chapter 81. This vote for Chapter 82 in my way of looking at it is not that it makes it any easier to foreclose on people who don’t pay their bills but to save a whole lot of money on the attorney fees associated with foreclosure and that my friend cost you and every other owner who pays their obligations.