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Planned Communities

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§33-1801 Applicability; exemption

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. This chapter applies to all planned communities. B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation […]

§33-1802 Definitions

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions In this chapter and in the community documents, unless the context otherwise requires: 1. “Association” means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and […]

§33-1803 Assessment limitation; penalties; notice to member of violation

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year’s assessment without the approval […]

§33-1804 Open meetings; exceptions

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any […]

§33-1805 Association financial and other records

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member’s representative.  […]

§33-1806 Resale of units; information required; fees; civil penalty; definition

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser or a purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale of the unit, and for […]

§33-1806.01 Rental property; member and agent information; fee; disclosure

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. A member may use the member’s property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration’s rental time period restrictions. B. A member may designate in writing a third party to […]

§33-1807 Lien for assessments; priority; mechanics’ and materialmen’s liens

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association’s lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and […]

§33-1809 Parking; public service and public safety emergency vehicles; definition

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions A. Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at […]

§33-1810 Board of directors; annual audit

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions Unless any provision in the planned community documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association.  The audit, review or compilation shall be […]

§33-1811 Board of directors; contracts; conflict

Title 33 – Property Chapter 16 – Planned Communities Article 1 – General Provisions If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of […]

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