The End of Declarant Control: Cleaning up the Confusion
Transition of a community association’s board of directors from declarant control to homeowner control is a process that is done inconsistently and with spotty documentation. This can sometimes lead to problems down the road if the association ever has legal issues with its declarant. The following FAQ is intended to address some of the most misunderstood aspects of the end of the declarant control process.
Impact Of 2017 MCIOA Modifications On Existing Common Interest Communities
For existing communities, the impacts of the 2017 MCIOA revisions are limited but significant. Associations will need to develop a written maintenance plan, schedule and budget consistent with the MCIOA and governing documents. The statute leaves plenty of flexibility for associations of different sizes and needs to develop a plan that is appropriate for the characteristics of their communities. Large, diverse associations may benefit from the assistance of outside vendors to help identify and assess each of the common and limited common elements and to determine the appropriate preventive maintenance schedule and budget.
Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable
Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable for failure to implement repairs recommended in a reserve study, even though the members of the Association voted down an attempted special assessment to fund the necessary repairs.