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Homeowner's Association Management New

Course Description

Course Description

Human land use is one in a series of courses covering the many areas of Human Ecology. The emphasis here is to impart knowledge and understanding of the history of land use, ownership, controls, zoning, boundaries, view shed analysis, geology, land use conflicts, court decisions affecting land use, and the relationship between human quality of life and land ownership.

Content Outline:

  • Introduction to Common Interest Developments
  • Buying a Unit in a Common Interest Development
  • The Manager’s Role at a Board Meeting
  • How Board Meetings Work
  • The Board of Directors
  • Association Meetings
  • Voting
  • Homeowner’s Association Restrictions: Part 1
  • Homeowner’s Association Restrictions: Part 2
  • Enforcement of Covenants and Restrictions
  • Inspection Rights of Members
  • Changing the Governing Documents
  • Financial Management of a Homeowner’s Association
  • Summary of Homeowner’s Association Reserves
  • Assessments by the Association
  • Enforcing Assessment Liens
  • Association Contracts
  • Statute of Frauds
  • Contracting through Agents
  • Discrimination in Employment Contracts
  • Property and Liability Insurance
  • Over – the – air Reception Devices
  • Law and the Courts
  • Alternative Dispute Resolution

Learning Objectives

  • Differentiate between “separate interest” and “common area”; Understand what is included in the purchase of a condominium; Explain the importance of a homeowner or community association
  • Explain what disclosures the seller must make to the buyer; Understand what a buyer is getting in a ‘separate interest’; Understand what is included in ‘common areas’; Describe what is owned, i.e. walls, appliances, plumbing, wiring, etc.; Predict when a homeowner’s association charges a fee to the seller
  • Relate the role of the board of directors in a homeowner association; Describe the set up of the board: quorum, length of term, nominations, when the board meets; Discuss when and how to give notice of meetings and the legalities involved
  • Explain the function of the board of directors;
  • Discuss the contributions the manager makes to board of directors meeting; Implement the basics of effective parliamentary procedure; Describe how motions are made and votes are taken;
  • Demonstrate how accurate minutes of the meeting should be kept
  • Describe the authority of the board of directors;
  • Evaluate the business judgment rule; Recognize the need for liability insurance for the association and board; Explain statute of limitations; Recognize when conflict of interest occurs.
  • Define membership rights; Explain how notice is given of membership meetings; Recall what constitutes a quorum, how it is established and its importance; Differentiate between association membership and the association itself
  • Analyze voting by proxy and how it can be used to help the association; Describe written ballot issues, distribution and problems; Recall the role of inspectors of election on the outcome of a vote
  • Discuss reasons common interest developments have restrictions: pets, architectural,
  • landscape and appearance; classify covenants and covenants running with the land; Explain restrictions on solar collectors; Describe solar easements
  • Apply traffic enforcement within the common interest development; Evaluate state vehicle codes for sections that pertain to your development;
  • Evaluate current use restrictions within the development for possible changes
  • Illustrate the CC&Rs needed to enforce the declaration; Analyze state and local laws to know when law enforcement is the responsibility of the association; Explain the litigation process: lawsuits, hearings, fines and arbitration
  • Evaluate what records the association is required to have in its office: financial books, minutes,
  • articles and bylaws; Recall who can inspect the membership records; Analyze the inspection rights of directors
  • Interpret the appropriate time to make changes to the governing documents; List which documents can be changed; Identify the method for making those changes: delivery, voting, adoption; Construct the steps needed to change the operating rules
  • Analyze the requirements that must be met for financial disclosure; Describe the components of a required operating budget; Identify operating expenses: insurance; utilities; fees; maintenance;
  • Relate the importance of improvement expenses
  • Identify a reserve account and its use; Conduct a major component analysis, including remaining life of the components; Describe how reserve funds are acquired; Determine the assessment income from expenses; Illustrate what the Financial Statement should contain
  • Understand that assessments are payments for operating expenses of the common areas of the development; Explain the process for increasing assessments and notification; Describe when special assessments and emergency assessments are needed; Discuss how to collect assessments and when they are due
  • Describe the contents of a pre – lien notice; Analyze the owner’s response; Discuss the appropriate time to proceed with foreclosure; Recognize when dispute resolution could be an appropriate resolution; Identify when a notice of sale and subsequent sale are needed; Relate the steps the association needs to take in the case of property owner bankruptcy
  • Illustrate the types of contracts Homeowner Associations may enter into: express, implied,
  • quasi, executed, executory, bilateral and
  • unilateral; Differentiate between an offeror and an offeree; Describe how to terminate a contract
  • Define Statute of Limitations; Recognize mistakes in contracts: mistake of fact; mutual mistake, unilateral mistake, clerical or computational error, mistake of judgment; Describe actual fraud; Identify contractual conditions; Estimate “reasonable period of time”
  • Analyze when to enter into a contract for outside management; Differentiate between employee and agent; Identify who has the authority to bind the association to contracts; Predict the employee’s liability for actions of independent contractors;
  • Evaluate the best time for and method of termination
  • Identify discriminatory practices in employment contracts; Describe the effect of Americans with Disabilities Act on employment; Discuss Title VII of the Civil Rights Act violations; Relate the Federal Housing act to your role as manager
  • Differentiate between real and personal property;
  • Explain the types of insurance a Homeowner Association is required to carry
  • Illustrate the Over – the – air Reception Devices Rule and its affect on CIDs; Apply the Petition For Declaratory Ruling
  • Describe the primary sources of law; Illustrate the function of each source of law; Discuss the court system and the various courts in the Federal Court System
  • Discuss the advantages of Alternative Dispute Resolution; Differentiate between non – adjudicative and adjudicative methods; Discuss the ways to negotiate; Recite the five steps of mediation;
  • Demonstrate the procedures of arbitration

State Requirements

Our real estate CE courses meet the requirements of the Georgia Real Estate Commission (GREC). Take your 24-hour Georgia real estate continuing education now. All licensees who have a license number above 100,000 are required to take continuing education during a four-year renewal period to renew their licenses. A renewal period begins four years prior to the current renewal due date. For instance, your renewal date is March 31, 2006. You must complete your CE requirements between April 1, 2002 and March 31, 2006. All CE courses completed outside the renewal period will not be credited.



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