Mitchell6024/quickb · Datasets at Hugging Face

id stringlengths 36 36	text stringlengths 1 400	source stringclasses 1 value
90449c27-22b5-4b57-b7d0-4af76a48ff16	. below, such vote including at least a majority of the votes of all members present, in person or by proxy, and voting at any meeting of the association other than the declarant, or 67 percent of the total authorized votes of all members of the association, such vote including the vote of a majority of all of the members other than the declarant.	VA_Guidelines.txt
a6c96361-5e6b-4450-9121-a1501227c551	Notwithstanding the foregoing, the declarant may reserve the right to make changes or revisions to comply with the requirements of HUD, Fannie Mae, Freddie Mac or VA. a.	VA_Guidelines.txt
b46a3ff2-ed09-4d76-9686-ef9e44655640	Note 1: A material amendment includes adding, deleting or modifying any provision regarding the following: (1) Assessment basis or assessment liens; (2) Any method of imposing or determining any charges to be levied against individual unit owners; (3) Reserves for maintenance, repair or replacement of common area improvements; (4) Maintenance obligations; (5) Allocation of rights to use common	VA_Guidelines.txt
b30dcce4-8523-4af1-a70d-37c7d751c11b	(5) Allocation of rights to use common areas; (6) Any scheme of regulation or enforcement of standards for maintenance, architectural design or exterior appearance of improvements on units; (7) Reduction of insurance requirements; (8) Restoration or repair of common area improvements; (9) The addition, annexation or withdrawal of land to or from the project; Continued on next page January 1, 2001	VA_Guidelines.txt
3809ef5e-cd35-41c5-bcda-37d2aa9175e7	project; Continued on next page January 1, 2001 16-B-13 January 1, 2001 16-B-13 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) a	VA_Guidelines.txt
13abb234-c886-4622-afdd-863dae6b11b2	.	VA_Guidelines.txt
99302e36-1275-404f-aae8-a65c31d0cbb4	Note 1 (continued) (10) Voting rights; (11) Restrictions affecting leasing or sale of a unit; or (12) Any provision which is for the express benefit of mortgagees. b.	VA_Guidelines.txt
742713a1-ff4a-4016-a4c2-ce21b4c21925	Note 2: An extraordinary action includes: (1) Merging or consolidating the association (other than with another non-profit entity formed for purposes similar to the subject association); (2) Determining not to require professional management if that management has been required by the association documents, a majority of eligible mortgagees or a majority vote of the members; (3) Expanding the	VA_Guidelines.txt
55100271-0d04-4ce0-9bae-9e214db92a83	a majority vote of the members; (3) Expanding the association to include land not previously described as additional land which increases the overall land area of the project or number of units by more than 10 percent; (4) Abandoning, partitioning, encumbering, mortgaging, conveying selling or otherwise transferring or relocating the boundaries of common areas (except for (i) granting easements	VA_Guidelines.txt
cb1ef1a7-d448-462f-995f-4b6c0157842c	common areas (except for (i) granting easements which are not inconsistent with or which do not interfere with the intended common area use; (ii) dedicating common area as required by a public authority: (iii) limited boundary-line adjustments made in accordance with the provisions of the declaration or (iv) transferring common area pursuant to a merger or consolidation with a non-profit entity	VA_Guidelines.txt
6bd99bcb-500a-43ed-8e56-b36915619e03	merger or consolidation with a non-profit entity formed for purposes similar to the subject association); (5) Using insurance proceeds for purposes other than construction or repair of the insured improvements; or (6) Making capital expenditures (other than for repair or replacement of existing improvements) during any period of 12 consecutive months costing more than 20 percent of the annual	VA_Guidelines.txt
3209fac0-a672-4826-abed-0591e7145b2f	months costing more than 20 percent of the annual operating budget	VA_Guidelines.txt
edd01614-5ef7-4579-841b-4f8f6338906e	.) Continued on next page January 1, 2001 16-B-14 16-B-14 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 6.	VA_Guidelines.txt
48d80a5c-f21f-497a-9d0c-44705b6d28c1	Contains provisions for amendment (continued) c.	VA_Guidelines.txt
17e61d79-c323-4e38-8091-5fab1b79f7f0	Contains the following provisions for meetings of the membership to approve a material amendment or extraordinary action: (i) at least 25 days advance notice to all members is required (at least 7 days notice is required in the case of a meeting for other purposes); (ii) the notice states the purpose of the meeting and contains a summary of any material amendments or extraordinary actions	VA_Guidelines.txt
eab3ccab-c6d2-4083-b6c3-31956b51b747	any material amendments or extraordinary actions proposed; (iii) the notice contains a copy of the proxy that can be cast in lieu of attendance at the meeting; and (iv) if the association has, or is planned to have, 250 members or less - the quorum is at least 20 percent of the total number of votes; (v) if the association has, or is planned to have, more than 250 members but less than 1,000	VA_Guidelines.txt
7932ba53-43f4-47b1-92a4-4a4064af02e8	have, more than 250 members but less than 1,000 members - the quorum is at least 10 percent; and (vi) if the association has, or is planned to have, more than 1,000 members,- the quorum is at least five percent	VA_Guidelines.txt
25fadef3-7b9b-45e3-a86e-8a4010a80e7e	. d.	VA_Guidelines.txt
fb2bcc1e-240c-4296-97cc-70f665de28cc	Provides that any material amendment which changes the rights of any specific class of members must also be approved by members entitled to cast at least 51 percent of the votes of all members of such class present, in person or by proxy, and voting at any meeting of the association held in accordance with subparagraph c	VA_Guidelines.txt
998b68e6-af0b-4731-aee5-8e7dd03b6e74	. above, or at least 51 percent of the total authorized votes of all members of such class. e.	VA_Guidelines.txt
0c0b6709-4f3d-43dd-b9ee-c2f0b737ed64	Provides that the following material amendments and extraordinary actions must be approved by members entitled to cast at least 67 percent of the total authorized votes of all members of the association, including at least a majority of the total authorized votes entitled to be cast by members other than the declarant: (1) Termination of the declaration or other termination of the planned unit	VA_Guidelines.txt
87fe830c-fd5e-4f13-af96-026c9dc92a7c	or other termination of the planned unit development; (2) Dissolution of the association except pursuant to a consolidation or merger; and (3) Conveyance of all common areas	VA_Guidelines.txt
89e94bad-23be-4e14-851e-9cd4439640ab	. f.	VA_Guidelines.txt
80f71603-62b5-4c9d-977a-7ffaf9117c44	Provides that during the declarant control period all material amendments and extraordinary actions must have the approval of VA, if VA has guaranteed any loans secured by units in the project.	VA_Guidelines.txt
b3c6cd43-bc7b-4ce9-8135-0665d823eccf	Continued on next page January 1, 2001 16-B-15 January 1, 2001 16-B-15 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 6. Contains provisions for amendment, (continued) g.	VA_Guidelines.txt
2fd6de22-8876-406f-b6fc-4f7223b87aa9	Provides that all other amendments (other than material amendments or extraordinary actions) must be approved by at least a majority of the votes entitled to be cast by all members present, in person or by proxy, and voting at any meeting of the association at which a quorum is present (see subparagraph (4)(b)2 below (Bylaws)), or in writing by members entitled to cast at least a majority of the	VA_Guidelines.txt
76d8c067-30f2-462a-bc9a-5f9ab229aca9	entitled to cast at least a majority of the total authorized votes of all members of the association	VA_Guidelines.txt
a5987f38-ef0d-4d56-8804-65ce16e66048	. 7.	VA_Guidelines.txt
462c3352-e048-42b5-8299-bcedc382773c	Grants each owner a non-exclusive easement of use and enjoyment in the common areas which is appurtenant to and passes with title to each unit. Each owner also has a non-exclusive easement for egress and ingress over the common areas, to the extent necessary to provide access to the unit and for utilities serving that unit.	VA_Guidelines.txt
0e6251db-b5a8-4b9e-8ff0-03c7ecefdb07	The right of access for necessary ingress and egress to the unit and utility services cannot be suspended by the board of directors for violations of the covenants or nonpayment of assessments. The owner's easement rights may be subject to certain limitations (other limitations must be separately described by the attorney) as follows: a.	VA_Guidelines.txt
e5d98790-7f8a-4b66-95ca-d6735db58c72	Right of the association, acting through the board of directors, to mortgage the common areas subject to such member, mortgagee and agency approvals as may be provided in the declaration	VA_Guidelines.txt
a33839bb-2975-4bb0-8009-346828f2bbaf	. (A lender's rights, in the event of default upon any mortgage or deed of trust on the common areas, are limited to, after taking possession of such common areas, charging reasonable admission and other fees as a condition of continued enjoyment by members, and, if necessary, to a wider range of users.	VA_Guidelines.txt
0410afaa-c493-43b4-a500-b3d701b76e34	Upon satisfaction of the mortgage or deed of trust, such common areas are returned to the association with full restoration of members' rights); b. Right of the association, acting through the board of directors to convey or transfer all or any part of the common areas, subject to such member, mortgagee and agency approvals as may be provided in the declaration; c.	VA_Guidelines.txt
7ab14f9d-d4e4-4290-8be8-673a06100069	Right of the association, acting through the board of directors, without member, mortgagee and agency approvals unless provided otherwise in the declaration, to grant easements across the common areas for any purpose not inconsistent with the use of those areas by members; Continued on next page January 1, 2001 16-B-16 16-B-16 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s	VA_Guidelines.txt
a3d8b71d-8594-42d3-89eb-04db8ffa4537	26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 7	VA_Guidelines.txt
1d385203-e38e-4cf1-94c2-7c43cacbcd6b	.	VA_Guidelines.txt
376b9d4c-1914-469f-a123-b6ff485910c0	Non-exclusive easement,(continued) d. Right of the association, acting through the board of directors, without member, mortgagee and agency approvals unless provided otherwise in the declaration, to adopt regulations governing the use of common areas and the personal conduct of owners, occupants and guests thereon; e.	VA_Guidelines.txt
de3fdb02-afbb-4b5b-addd-cae4424867e1	Right of the association, acting through the board of directors, without member, mortgagee and agency approvals unless otherwise provided in the declaration, to charge reasonable admission or other fees for special or extraordinary uses of the common areas; f.	VA_Guidelines.txt
eba02712-c4b6-495f-b219-08f8e8de155f	Right of the association, acting through the board of directors, without member, mortgagee or agency approvals unless otherwise provided in the declaration, and consistent with existing local jurisdiction’s zoning and subdivision ordinances, to transfer part of the common areas for the purpose of adjusting lot lines in accordance with reasonably stated provisions (i.e	VA_Guidelines.txt
910f8203-7d79-4282-84b2-e119e4ed54e6	.e., does not reduce total open space area below zoning requirements, does not materially affect development plan on file with an agency, and all units previously adjacent to common areas - remain so located, unless the owners of the units approve the boundary line adjustment); g.	VA_Guidelines.txt
b73a5d9d-0eaf-41a9-9b01-bf000a3f4374	Right of the board of directors without member, mortgagee or agency approvals unless otherwise provided in the declaration, to suspend the right of any member, and the rights of such member's household, tenants, guests and invitees to use recreational facilities or other common areas (to the extent that access and utility service are not impaired) for a period not to exceed 60 days, unless such	VA_Guidelines.txt
50728022-14e9-42a7-b86f-a8e3dab0af83	for a period not to exceed 60 days, unless such rights are suspended for failure to pay assessments, in which case such rights may be suspended until the assessments are fully paid; or h	VA_Guidelines.txt
c7c072b3-42bf-4c46-8e62-2491c9dfd736	.	VA_Guidelines.txt
f3225b94-e871-49cd-920c-7246f4a95773	Special declarant rights reserved by the declarant, (i) such as: right to use portions of the common areas for sales and marketing purposes; (ii) reservation of easements across the common areas for development purposes; (iii) right to grant, terminate or vacate easements across common areas for limited purposes such as installation and maintenance of utilities, storm water management or	VA_Guidelines.txt
d3b940bb-cc4d-4581-a6c8-d25738339408	of utilities, storm water management or provision of services to units	VA_Guidelines.txt
6f7946ca-bcc7-41d1-be12-ac391a5d2f1e	. 8.	VA_Guidelines.txt
983659e8-0fa9-484c-a0a8-b23ddcc5bc81	Contains provisions for maintaining the common areas. If the association maintains areas it does not own (such as within a public right-of way for landscaping or signage or storm water management), the attorney must provide an explanation which describes the arrangement and discusses the rationale.	VA_Guidelines.txt
e405f388-47e2-43f3-83f0-79c37e23e0a1	Continued on next page January 1, 2001 16-B-17 January 1, 2001 16-B-17 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 9. Contains provisions for the adoption of an annual operating budget and imposition and collection of assessments to meet the expenses of the association.	VA_Guidelines.txt
e7a68c22-2a58-48b8-ae3f-6cf74ced8d2a	The board of directors has the power on behalf of the association to levy both annual and additional assessments. a. Units of a similar nature, receiving similar services, are assessed on a uniform basis except for the reduced assessment permitted for unoccupied units owned by the declarant or a builder.	VA_Guidelines.txt
5d0e2ee7-b942-44c7-999f-648ff4ab9fa6	If a different basis is used which allocates assessment liability among unit based on different services provided to the units or the different nature of the units, the rationale for that basis must be fully explained. b.	VA_Guidelines.txt
9aa0e116-1051-42d0-9f25-a1982785ed96	If the declarant furnishes a multi-year feasibility budget, the declarant and/or a builder may pay a reduced annual assessment on unoccupied lots only provided that such reduced assessment is not less than 25% of the full annual assessment.	VA_Guidelines.txt
7b325b7f-582c-47d7-9080-d95b518fda59	Alternatively, the declarant or builder may pay a one-time assessment equal to 25 percent of the applicable annual assessment per lot based upon the first year budget at maximum build-out (or 5 years out for projects involving 250 or more lots/units).	VA_Guidelines.txt
f1388d35-7aee-407d-9d92-65428bf32869	The lots for which the one-time assessment has been paid may be exempt from further assessment until the earlier of: (i) initial occupancy or (ii) two fiscal years after submission to the declaration.	VA_Guidelines.txt
23a5c45b-efd5-495d-bb73-3eefb7e72d31	If unoccupied units are receiving the benefit of the reduced or one-time assessment, the documents provide that the declarant, or builder(s) as appropriate, must provide for or pay for all maintenance to such units and shall fund all operating budget deficits incurred during the declarant control period, including reserves based upon expected lives of items for which reserved, but not including	VA_Guidelines.txt
be7ee8f5-2ac2-4bfe-a8ab-afdd982fdf26	of items for which reserved, but not including shortfalls caused by nonpayment of assessments by other members or extraordinary expenditures (e	VA_Guidelines.txt
93c49f2d-88cb-42a2-bec1-486ad4362bce	.g., expenses caused by natural catastrophes or environmental hazards).	VA_Guidelines.txt
b435b73a-c3ed-4dc8-8e64-d279bc0df85c	A unit initially occupied or conveyed to a unit owner other than the declarant or a builder is fully assessed. The obligation to fund budget deficits is a lien against all the land owned by the declarant (or the declarant and builders) in the planned unit development.	VA_Guidelines.txt
d229977c-2ef1-4e7a-bdba-f221f1b8605b	Continued on next page January 1, 2001 16-B-18 16-B-18 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 10. If a maximum annual assessment is stated, the maximum may increase automatically by the greater of ten percent or based upon a Consumer Price Index, such as the U. S.	VA_Guidelines.txt
02dc0ff2-5aee-4b73-8066-96b29c55959a	S. Department of Urban Price Index - All Urban Consumers (1982-84=100) or other comparable index reflecting the association’s cost increase experience each year.	VA_Guidelines.txt
74299ab6-a5d9-4f35-8764-2073292bb39e	The maximum may also be increased by a majority vote of the members obligated to pay such assessment or with the written approval of members entitled to cast a majority of the total number of authorized votes of members obligated to pay such assessment (in both cases excluding the declarant during the declarant control period).	VA_Guidelines.txt
a4030534-fca2-413b-99dd-1475f28d0272	Increases in certain fixed costs for insurance, taxes, recycling or waste disposal may be passed through to the members, by permitting an automatic increase in the maximum assessment which reflects those increases.	VA_Guidelines.txt
28258cdc-a001-42cc-a4f6-82dfaa1c1882	If no maximum assessment is set forth, a vote of the members must be required to approve capital expenditures, other than for repair and replacement, during a fiscal year of more than 20 percent of the budget for common expenses for that fiscal year. 11. Contains provisions for a lien-supported assessment.	VA_Guidelines.txt
a64315c8-b890-47cf-bfa7-e001169c6f7d	The assessment lien of any assessment levied by the association is subordinate to the lien of a first mortgage (Title 38, USC, section 3703(d)(3)). Subordination to other security interests or liens is acceptable if permitted by applicable law.	VA_Guidelines.txt
6ec112ed-4571-4fa9-87c8-43313175a38e	The sale or transfer of any unit pursuant to mortgage foreclosure of a first mortgage or any proceeding in lieu thereof extinguishes the lien of such assessments as to payments which became due prior to such sale or transfer.	VA_Guidelines.txt
01ceced7-e9f5-4e24-8b43-843e5cbf3932	No sale or transfer relieves such unit from liability for any assessments thereafter becoming due or from the lien thereof. (NOTE: VA will not recognize any limited priority that common expense assessments may have over the first mortgage lien.	VA_Guidelines.txt
fb639738-b362-4026-b571-622f69d8b463	Mortgage holders should be aware that no VA claim payment will be made to holders for any payments they may have made to clear prior liens for delinquent and unpaid association assessments).	VA_Guidelines.txt
e095d397-d278-4004-955f-b3266f3ae188	Continued on next page January 1, 2001 16-B-19 January 1, 2001 16-B-19 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 12. Contains provisions for collection of assessments. The interest rate permitted to be charged by the association is uniform, reasonable and non-usurious.	VA_Guidelines.txt
84ce5e4c-5a9f-4e75-a177-b203a1c2cdeb	The method of determining the interest rate is set forth. A rate not to exceed that charged by the Internal Revenue Service on delinquent taxes is considered reasonable. The association has the power both to foreclose the association's lien and to bring a legal action against the member personally obligated to pay the assessment.	VA_Guidelines.txt
95906367-0af1-426c-b97f-fac8986e164a	The documents may provide that a successor in title is entitled to obtain an association disclosure statement or estoppel certificate with respect to common expense assessments, in which case an owner's personal obligation to pay assessments is assumed by successors in title unless the successor in title acquired title through foreclosure, or any proceeding in lieu thereof, of a first mortgage	VA_Guidelines.txt
aa70ada8-691e-4b4c-a655-9743afb07066	. (NOTE: Units which will be subject to a VA-guaranteed loan will not be subject to delinquent assessments in excess of 6 months in any case in which the association has not brought enforcement action against the current unit owner.) 13.	VA_Guidelines.txt
943a0630-8554-4cba-9868-7c6e8bf9d20a	Contains provisions for enforcement of the association documents.	VA_Guidelines.txt
75852621-c2c6-4152-8acb-aaae70fcb815	If owners are held liable for costs and expenses incurred by the association as a result of acts or omissions of such owner or such owner’s tenants, agents, employees, invitees, guests and household members in failing to comply with the association documents or rules or regulations of the association, regardless of negligence or culpability, then the Public Offering Statement and or Information	VA_Guidelines.txt
7ab9034b-d5a6-43d7-8841-b0a7489e8ed4	the Public Offering Statement and or Information Brochure must describe this matter	VA_Guidelines.txt
d11c6b7f-8494-4837-8723-89594a5dc7e2	. 14.	VA_Guidelines.txt
d6ecb15b-3351-449a-bdef-473d59dbae9f	Contains provisions requiring appropriate types of insurance. The board of directors, on behalf of the association, has the authority to and is required to obtain coverages in the areas of property damage, liability, and personnel.	VA_Guidelines.txt
08d12f76-50a9-415e-a836-acb1f58955c1	Owners may be required to maintain certain types of insurance coverages and, if the owner fails to purchase that insurance, the board may obtain those coverages at the owner’s expense.	VA_Guidelines.txt
ba2c6f21-8d91-4a59-bba4-e50330f7e659	All hazard and flood insurance policies which include any units, must also have the standard mortgagee clause and provide for notice to the mortgagee at least ten days before lapse, material modification or cancellation of the policy. 15. Contains provisions for reconstruction of the common areas after condemnation or casualty loss.	VA_Guidelines.txt
6033dc89-6aea-45ad-8f5a-64cbd7d1684f	Continued on next page January 1, 2001 16-B-20 16-B-20 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 16. Contains provisions governing parking, if parking is not included within each unit.	VA_Guidelines.txt
4d3f423b-ffde-47b6-9c37-95792d3cd7d8	If vehicular parking is on the common areas: (i) the association documents must: (a) permanently assign a parking space on the common area to each unit; (b) assign a specific parking area to a specific group of units or (c) make other provisions assuring parking in compliance with local ordinances; or (ii) the declarant must provide other evidence of parking in compliance with local ordinances	VA_Guidelines.txt
302cbd2f-b3ca-4842-bfc9-c35439688310	. 17.	VA_Guidelines.txt
95eb1bc3-efec-41b5-8594-77f6ca44fb29	Contains provisions guaranteeing mortgagees (may be limited to eligible mortgagees, as defined below) and agencies notice of amendments. During the declarant control period: (i) the declarant must provide a copy of all amendments to VA; and (ii) the association may not make any material amendments or take any extraordinary actions as described in subparagraph 6 above without the approval of VA.	VA_Guidelines.txt
adbd6d05-b9aa-4dd8-a4e8-9a182121a76c	The declaration may provide that certain rights and protections (including notice and approval rights) are granted to only those mortgagees who have provided notice to the board of directors of their interest and requested all rights under the association documents “eligible mortgagees.” Rights granted to eligible mortgagees should include the following: a.	VA_Guidelines.txt
8db4f323-b7ab-4bfd-9ab6-a1a3d60d8805	Right to inspect association documents and records on the same terms as the members; b. Notice of all material amendments to the association documents; c. Notice of any extraordinary actions of the association; d.	VA_Guidelines.txt
1e385720-a230-4a18-87eb-42929e6114d5	Notice of any property loss, condemnation or eminent domain proceeding affecting the common areas resulting in losses greater than 10 percent of the annual budget or any unit insured by the association in which the mortgagee has an interest; e. Notice of any termination, lapse or material modification of an insurance policy held by the association; f.	VA_Guidelines.txt
6d9dd782-e07a-4814-b096-3d0c8990d59f	Notice of any default by an owner of a unit subject to a mortgage held by the eligible mortgagee in paying assessments or charges to the association which remains uncured for sixty consecutive days; Continued on next page January 1, 2001 16-B-21 January 1, 2001 16-B-21 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration	VA_Guidelines.txt
2c30f6f5-311d-42a0-b87b-b7eb01d9877d	Other VA Requirements, Continued (A) Declaration (continued) 17	VA_Guidelines.txt
c82162d0-607e-4ca4-8de8-05899d067095	.	VA_Guidelines.txt
0c917a0f-9dc6-491b-823e-72dc837f3695	Provisions guaranteeing mortgagees (continued) g. Notice of any proposal to terminate the declaration or dissolve the association at least 30 days before any action is taken; h. Right of a majority of the eligible mortgagees to demand professional management; and i. Right of a majority of the eligible mortgagees to demand an audit of the association's financial records. 18.	VA_Guidelines.txt
5abea41a-1c29-45ae-8938-7ef8dac6da26	Contains provisions for party walls, if a townhouse planned community. The association documents or law of the jurisdiction must provide for the maintenance, repair and reconstruction of party walls and allocate the costs among the owners served by a party wall. 19. Contains provisions for expansion or annexation in a phased development.	VA_Guidelines.txt
ef916826-0bb0-4fd1-8501-215aaa6b887e	The declaration must, in addition to submitting at least 1 phase to the covenants and restrictions: (i) describe the additional land proposed to be submitted in the future in a sufficient manner to locate the property; (ii) grant the declarant the right to submit the described additional land; (iii) describe the method of submitting additional land; d describe the basis of voting rights and	VA_Guidelines.txt
abb9c6f8-a1d1-4dbb-937c-2d660d461f44	land; d describe the basis of voting rights and assessment obligations of units added in relation to the voting rights and assessment obligations of units already subject to the declaration or provide that such rights for future phases will be the same as for phases already submitted; and establish a reasonable time limit for submitting additional land	VA_Guidelines.txt
8b2b9b0c-9761-4933-acbd-eaf46a3ed5b6	.	VA_Guidelines.txt
f3836a84-355e-4bcd-bb87-27b32500442c	A reasonable time limit will depend on the size of the development, but generally annexation made within the later of 7 years after recordation of the Declaration or 5 years after the most recent recordation of an annexation document is considered reasonable. The additional land must be contiguous, adjacent or across a public right- of-way.	VA_Guidelines.txt
6b57a144-79f4-44b4-ade7-d923fd885fb1	If the additional land is not so located, there must be a clear statement of that fact and a discussion of the rationale for its potential inclusion.	VA_Guidelines.txt
e1023245-6337-4ecd-b1a2-869a70654b87	The declaration may reserve the right to the declarant to submit a limited amount of undescribed adjacent additional land, increasing the total size of the planned community by up to 10 percent both in land size and number of additional units, or such undescribed additional land may be added by the association with a majority vote of the members at a duly held meeting at which a quorum is present	VA_Guidelines.txt
3b77b5a9-a6e8-44f6-9d0e-a0af87c5eeba	a duly held meeting at which a quorum is present or the written consent of members entitled to cast a majority of the total number of votes, in both cases excluding the votes of the declarant during the declarant control period	VA_Guidelines.txt
e7206f02-a8c4-4716-ae03-80124ba8dac7	. 20.	VA_Guidelines.txt
6e220038-c061-468d-9a93-cccfa9d7d143	Contains provisions for termination. Continued on next page January 1, 2001 16-B-22 16-B-22 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (B) Bylaws 1. Contains provisions for holding meetings of the board of directors, including the required quorum. 2.	VA_Guidelines.txt
92d7c7e0-6649-4fbe-ac1e-9ec28518f7c7	Contains quorum provisions for holding meetings of the members (including voting by proxy). If the association has, or is planned to have, 250 members or less, the quorum is at least 20 percent. If the association has, or is planned to have, more than 250 members but not 1,000 members, the quorum is at least 10 percent.	VA_Guidelines.txt
c9bac3df-5f15-48d8-91aa-fa64af8ab4d4	If the association has, or is planned to have, more than 1,000 members, the quorum is at least 5 percent. The quorum is not a quorum of each class except when a vote of a particular class is required on a specific issue. 3. Contains provisions for holding a meeting. Membership meetings are required at least annually after there are members other than the declarant.	VA_Guidelines.txt

90449c27-22b5-4b57-b7d0-4af76a48ff16

. below, such vote including at least a majority of the votes of all members present, in person or by proxy, and voting at any meeting of the association other than the declarant, or 67 percent of the total authorized votes of all members of the association, such vote including the vote of a majority of all of the members other than the declarant.

VA_Guidelines.txt

a6c96361-5e6b-4450-9121-a1501227c551

Notwithstanding the foregoing, the declarant may reserve the right to make changes or revisions to comply with the requirements of HUD, Fannie Mae, Freddie Mac or VA. a.

VA_Guidelines.txt

b46a3ff2-ed09-4d76-9686-ef9e44655640

Note 1: A material amendment includes adding, deleting or modifying any provision regarding the following: (1) Assessment basis or assessment liens; (2) Any method of imposing or determining any charges to be levied against individual unit owners; (3) Reserves for maintenance, repair or replacement of common area improvements; (4) Maintenance obligations; (5) Allocation of rights to use common

VA_Guidelines.txt

b30dcce4-8523-4af1-a70d-37c7d751c11b

(5) Allocation of rights to use common areas; (6) Any scheme of regulation or enforcement of standards for maintenance, architectural design or exterior appearance of improvements on units; (7) Reduction of insurance requirements; (8) Restoration or repair of common area improvements; (9) The addition, annexation or withdrawal of land to or from the project; Continued on next page January 1, 2001

VA_Guidelines.txt

3809ef5e-cd35-41c5-bcda-37d2aa9175e7

project; Continued on next page January 1, 2001 16-B-13 January 1, 2001 16-B-13 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) a

VA_Guidelines.txt

13abb234-c886-4622-afdd-863dae6b11b2

.

VA_Guidelines.txt

99302e36-1275-404f-aae8-a65c31d0cbb4

Note 1 (continued) (10) Voting rights; (11) Restrictions affecting leasing or sale of a unit; or (12) Any provision which is for the express benefit of mortgagees. b.

VA_Guidelines.txt

742713a1-ff4a-4016-a4c2-ce21b4c21925

Note 2: An extraordinary action includes: (1) Merging or consolidating the association (other than with another non-profit entity formed for purposes similar to the subject association); (2) Determining not to require professional management if that management has been required by the association documents, a majority of eligible mortgagees or a majority vote of the members; (3) Expanding the

VA_Guidelines.txt

55100271-0d04-4ce0-9bae-9e214db92a83

a majority vote of the members; (3) Expanding the association to include land not previously described as additional land which increases the overall land area of the project or number of units by more than 10 percent; (4) Abandoning, partitioning, encumbering, mortgaging, conveying selling or otherwise transferring or relocating the boundaries of common areas (except for (i) granting easements

VA_Guidelines.txt

cb1ef1a7-d448-462f-995f-4b6c0157842c

common areas (except for (i) granting easements which are not inconsistent with or which do not interfere with the intended common area use; (ii) dedicating common area as required by a public authority: (iii) limited boundary-line adjustments made in accordance with the provisions of the declaration or (iv) transferring common area pursuant to a merger or consolidation with a non-profit entity

VA_Guidelines.txt

6bd99bcb-500a-43ed-8e56-b36915619e03

merger or consolidation with a non-profit entity formed for purposes similar to the subject association); (5) Using insurance proceeds for purposes other than construction or repair of the insured improvements; or (6) Making capital expenditures (other than for repair or replacement of existing improvements) during any period of 12 consecutive months costing more than 20 percent of the annual

VA_Guidelines.txt

3209fac0-a672-4826-abed-0591e7145b2f

months costing more than 20 percent of the annual operating budget

VA_Guidelines.txt

edd01614-5ef7-4579-841b-4f8f6338906e

.) Continued on next page January 1, 2001 16-B-14 16-B-14 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 6.

VA_Guidelines.txt

48d80a5c-f21f-497a-9d0c-44705b6d28c1

Contains provisions for amendment (continued) c.

VA_Guidelines.txt

17e61d79-c323-4e38-8091-5fab1b79f7f0

Contains the following provisions for meetings of the membership to approve a material amendment or extraordinary action: (i) at least 25 days advance notice to all members is required (at least 7 days notice is required in the case of a meeting for other purposes); (ii) the notice states the purpose of the meeting and contains a summary of any material amendments or extraordinary actions

VA_Guidelines.txt

eab3ccab-c6d2-4083-b6c3-31956b51b747

any material amendments or extraordinary actions proposed; (iii) the notice contains a copy of the proxy that can be cast in lieu of attendance at the meeting; and (iv) if the association has, or is planned to have, 250 members or less - the quorum is at least 20 percent of the total number of votes; (v) if the association has, or is planned to have, more than 250 members but less than 1,000

VA_Guidelines.txt

7932ba53-43f4-47b1-92a4-4a4064af02e8

have, more than 250 members but less than 1,000 members - the quorum is at least 10 percent; and (vi) if the association has, or is planned to have, more than 1,000 members,- the quorum is at least five percent

VA_Guidelines.txt

25fadef3-7b9b-45e3-a86e-8a4010a80e7e

. d.

VA_Guidelines.txt

fb2bcc1e-240c-4296-97cc-70f665de28cc

Provides that any material amendment which changes the rights of any specific class of members must also be approved by members entitled to cast at least 51 percent of the votes of all members of such class present, in person or by proxy, and voting at any meeting of the association held in accordance with subparagraph c

VA_Guidelines.txt

998b68e6-af0b-4731-aee5-8e7dd03b6e74

. above, or at least 51 percent of the total authorized votes of all members of such class. e.

VA_Guidelines.txt

0c0b6709-4f3d-43dd-b9ee-c2f0b737ed64

Provides that the following material amendments and extraordinary actions must be approved by members entitled to cast at least 67 percent of the total authorized votes of all members of the association, including at least a majority of the total authorized votes entitled to be cast by members other than the declarant: (1) Termination of the declaration or other termination of the planned unit

VA_Guidelines.txt

87fe830c-fd5e-4f13-af96-026c9dc92a7c

or other termination of the planned unit development; (2) Dissolution of the association except pursuant to a consolidation or merger; and (3) Conveyance of all common areas

VA_Guidelines.txt

89e94bad-23be-4e14-851e-9cd4439640ab

. f.

VA_Guidelines.txt

80f71603-62b5-4c9d-977a-7ffaf9117c44

Provides that during the declarant control period all material amendments and extraordinary actions must have the approval of VA, if VA has guaranteed any loans secured by units in the project.

VA_Guidelines.txt

b3c6cd43-bc7b-4ce9-8135-0665d823eccf

Continued on next page January 1, 2001 16-B-15 January 1, 2001 16-B-15 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 6. Contains provisions for amendment, (continued) g.

VA_Guidelines.txt

2fd6de22-8876-406f-b6fc-4f7223b87aa9

Provides that all other amendments (other than material amendments or extraordinary actions) must be approved by at least a majority of the votes entitled to be cast by all members present, in person or by proxy, and voting at any meeting of the association at which a quorum is present (see subparagraph (4)(b)2 below (Bylaws)), or in writing by members entitled to cast at least a majority of the

VA_Guidelines.txt

76d8c067-30f2-462a-bc9a-5f9ab229aca9

entitled to cast at least a majority of the total authorized votes of all members of the association

VA_Guidelines.txt

a5987f38-ef0d-4d56-8804-65ce16e66048

. 7.

VA_Guidelines.txt

462c3352-e048-42b5-8299-bcedc382773c

Grants each owner a non-exclusive easement of use and enjoyment in the common areas which is appurtenant to and passes with title to each unit. Each owner also has a non-exclusive easement for egress and ingress over the common areas, to the extent necessary to provide access to the unit and for utilities serving that unit.

VA_Guidelines.txt

0e6251db-b5a8-4b9e-8ff0-03c7ecefdb07

The right of access for necessary ingress and egress to the unit and utility services cannot be suspended by the board of directors for violations of the covenants or nonpayment of assessments. The owner's easement rights may be subject to certain limitations (other limitations must be separately described by the attorney) as follows: a.

VA_Guidelines.txt

e5d98790-7f8a-4b66-95ca-d6735db58c72

Right of the association, acting through the board of directors, to mortgage the common areas subject to such member, mortgagee and agency approvals as may be provided in the declaration

VA_Guidelines.txt

a33839bb-2975-4bb0-8009-346828f2bbaf

. (A lender's rights, in the event of default upon any mortgage or deed of trust on the common areas, are limited to, after taking possession of such common areas, charging reasonable admission and other fees as a condition of continued enjoyment by members, and, if necessary, to a wider range of users.

VA_Guidelines.txt

0410afaa-c493-43b4-a500-b3d701b76e34

Upon satisfaction of the mortgage or deed of trust, such common areas are returned to the association with full restoration of members' rights); b. Right of the association, acting through the board of directors to convey or transfer all or any part of the common areas, subject to such member, mortgagee and agency approvals as may be provided in the declaration; c.

VA_Guidelines.txt

7ab14f9d-d4e4-4290-8be8-673a06100069

Right of the association, acting through the board of directors, without member, mortgagee and agency approvals unless provided otherwise in the declaration, to grant easements across the common areas for any purpose not inconsistent with the use of those areas by members; Continued on next page January 1, 2001 16-B-16 16-B-16 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s

VA_Guidelines.txt

a3d8b71d-8594-42d3-89eb-04db8ffa4537

26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 7

VA_Guidelines.txt

1d385203-e38e-4cf1-94c2-7c43cacbcd6b

.

VA_Guidelines.txt

376b9d4c-1914-469f-a123-b6ff485910c0

Non-exclusive easement,(continued) d. Right of the association, acting through the board of directors, without member, mortgagee and agency approvals unless provided otherwise in the declaration, to adopt regulations governing the use of common areas and the personal conduct of owners, occupants and guests thereon; e.

VA_Guidelines.txt

de3fdb02-afbb-4b5b-addd-cae4424867e1

Right of the association, acting through the board of directors, without member, mortgagee and agency approvals unless otherwise provided in the declaration, to charge reasonable admission or other fees for special or extraordinary uses of the common areas; f.

VA_Guidelines.txt

eba02712-c4b6-495f-b219-08f8e8de155f

Right of the association, acting through the board of directors, without member, mortgagee or agency approvals unless otherwise provided in the declaration, and consistent with existing local jurisdiction’s zoning and subdivision ordinances, to transfer part of the common areas for the purpose of adjusting lot lines in accordance with reasonably stated provisions (i.e

VA_Guidelines.txt

910f8203-7d79-4282-84b2-e119e4ed54e6

.e., does not reduce total open space area below zoning requirements, does not materially affect development plan on file with an agency, and all units previously adjacent to common areas - remain so located, unless the owners of the units approve the boundary line adjustment); g.

VA_Guidelines.txt

b73a5d9d-0eaf-41a9-9b01-bf000a3f4374

Right of the board of directors without member, mortgagee or agency approvals unless otherwise provided in the declaration, to suspend the right of any member, and the rights of such member's household, tenants, guests and invitees to use recreational facilities or other common areas (to the extent that access and utility service are not impaired) for a period not to exceed 60 days, unless such

VA_Guidelines.txt

50728022-14e9-42a7-b86f-a8e3dab0af83

for a period not to exceed 60 days, unless such rights are suspended for failure to pay assessments, in which case such rights may be suspended until the assessments are fully paid; or h

VA_Guidelines.txt

c7c072b3-42bf-4c46-8e62-2491c9dfd736

.

VA_Guidelines.txt

f3225b94-e871-49cd-920c-7246f4a95773

Special declarant rights reserved by the declarant, (i) such as: right to use portions of the common areas for sales and marketing purposes; (ii) reservation of easements across the common areas for development purposes; (iii) right to grant, terminate or vacate easements across common areas for limited purposes such as installation and maintenance of utilities, storm water management or

VA_Guidelines.txt

d3b940bb-cc4d-4581-a6c8-d25738339408

of utilities, storm water management or provision of services to units

VA_Guidelines.txt

6f7946ca-bcc7-41d1-be12-ac391a5d2f1e

. 8.

VA_Guidelines.txt

983659e8-0fa9-484c-a0a8-b23ddcc5bc81

Contains provisions for maintaining the common areas. If the association maintains areas it does not own (such as within a public right-of way for landscaping or signage or storm water management), the attorney must provide an explanation which describes the arrangement and discusses the rationale.

VA_Guidelines.txt

e405f388-47e2-43f3-83f0-79c37e23e0a1

Continued on next page January 1, 2001 16-B-17 January 1, 2001 16-B-17 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 9. Contains provisions for the adoption of an annual operating budget and imposition and collection of assessments to meet the expenses of the association.

VA_Guidelines.txt

e7a68c22-2a58-48b8-ae3f-6cf74ced8d2a

The board of directors has the power on behalf of the association to levy both annual and additional assessments. a. Units of a similar nature, receiving similar services, are assessed on a uniform basis except for the reduced assessment permitted for unoccupied units owned by the declarant or a builder.

VA_Guidelines.txt

5d0e2ee7-b942-44c7-999f-648ff4ab9fa6

If a different basis is used which allocates assessment liability among unit based on different services provided to the units or the different nature of the units, the rationale for that basis must be fully explained. b.

VA_Guidelines.txt

9aa0e116-1051-42d0-9f25-a1982785ed96

If the declarant furnishes a multi-year feasibility budget, the declarant and/or a builder may pay a reduced annual assessment on unoccupied lots only provided that such reduced assessment is not less than 25% of the full annual assessment.

VA_Guidelines.txt

7b325b7f-582c-47d7-9080-d95b518fda59

Alternatively, the declarant or builder may pay a one-time assessment equal to 25 percent of the applicable annual assessment per lot based upon the first year budget at maximum build-out (or 5 years out for projects involving 250 or more lots/units).

VA_Guidelines.txt

f1388d35-7aee-407d-9d92-65428bf32869

The lots for which the one-time assessment has been paid may be exempt from further assessment until the earlier of: (i) initial occupancy or (ii) two fiscal years after submission to the declaration.

VA_Guidelines.txt

23a5c45b-efd5-495d-bb73-3eefb7e72d31

If unoccupied units are receiving the benefit of the reduced or one-time assessment, the documents provide that the declarant, or builder(s) as appropriate, must provide for or pay for all maintenance to such units and shall fund all operating budget deficits incurred during the declarant control period, including reserves based upon expected lives of items for which reserved, but not including

VA_Guidelines.txt

be7ee8f5-2ac2-4bfe-a8ab-afdd982fdf26

of items for which reserved, but not including shortfalls caused by nonpayment of assessments by other members or extraordinary expenditures (e

VA_Guidelines.txt

93c49f2d-88cb-42a2-bec1-486ad4362bce

.g., expenses caused by natural catastrophes or environmental hazards).

VA_Guidelines.txt

b435b73a-c3ed-4dc8-8e64-d279bc0df85c

A unit initially occupied or conveyed to a unit owner other than the declarant or a builder is fully assessed. The obligation to fund budget deficits is a lien against all the land owned by the declarant (or the declarant and builders) in the planned unit development.

VA_Guidelines.txt

d229977c-2ef1-4e7a-bdba-f221f1b8605b

Continued on next page January 1, 2001 16-B-18 16-B-18 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 10. If a maximum annual assessment is stated, the maximum may increase automatically by the greater of ten percent or based upon a Consumer Price Index, such as the U. S.

VA_Guidelines.txt

02dc0ff2-5aee-4b73-8066-96b29c55959a

S. Department of Urban Price Index - All Urban Consumers (1982-84=100) or other comparable index reflecting the association’s cost increase experience each year.

VA_Guidelines.txt

74299ab6-a5d9-4f35-8764-2073292bb39e

The maximum may also be increased by a majority vote of the members obligated to pay such assessment or with the written approval of members entitled to cast a majority of the total number of authorized votes of members obligated to pay such assessment (in both cases excluding the declarant during the declarant control period).

VA_Guidelines.txt

a4030534-fca2-413b-99dd-1475f28d0272

Increases in certain fixed costs for insurance, taxes, recycling or waste disposal may be passed through to the members, by permitting an automatic increase in the maximum assessment which reflects those increases.

VA_Guidelines.txt

28258cdc-a001-42cc-a4f6-82dfaa1c1882

If no maximum assessment is set forth, a vote of the members must be required to approve capital expenditures, other than for repair and replacement, during a fiscal year of more than 20 percent of the budget for common expenses for that fiscal year. 11. Contains provisions for a lien-supported assessment.

VA_Guidelines.txt

a64315c8-b890-47cf-bfa7-e001169c6f7d

The assessment lien of any assessment levied by the association is subordinate to the lien of a first mortgage (Title 38, USC, section 3703(d)(3)). Subordination to other security interests or liens is acceptable if permitted by applicable law.

VA_Guidelines.txt

6ec112ed-4571-4fa9-87c8-43313175a38e

The sale or transfer of any unit pursuant to mortgage foreclosure of a first mortgage or any proceeding in lieu thereof extinguishes the lien of such assessments as to payments which became due prior to such sale or transfer.

VA_Guidelines.txt

01ceced7-e9f5-4e24-8b43-843e5cbf3932

No sale or transfer relieves such unit from liability for any assessments thereafter becoming due or from the lien thereof. (NOTE: VA will not recognize any limited priority that common expense assessments may have over the first mortgage lien.

VA_Guidelines.txt

fb639738-b362-4026-b571-622f69d8b463

Mortgage holders should be aware that no VA claim payment will be made to holders for any payments they may have made to clear prior liens for delinquent and unpaid association assessments).

VA_Guidelines.txt

e095d397-d278-4004-955f-b3266f3ae188

Continued on next page January 1, 2001 16-B-19 January 1, 2001 16-B-19 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 12. Contains provisions for collection of assessments. The interest rate permitted to be charged by the association is uniform, reasonable and non-usurious.

VA_Guidelines.txt

84ce5e4c-5a9f-4e75-a177-b203a1c2cdeb

The method of determining the interest rate is set forth. A rate not to exceed that charged by the Internal Revenue Service on delinquent taxes is considered reasonable. The association has the power both to foreclose the association's lien and to bring a legal action against the member personally obligated to pay the assessment.

VA_Guidelines.txt

95906367-0af1-426c-b97f-fac8986e164a

The documents may provide that a successor in title is entitled to obtain an association disclosure statement or estoppel certificate with respect to common expense assessments, in which case an owner's personal obligation to pay assessments is assumed by successors in title unless the successor in title acquired title through foreclosure, or any proceeding in lieu thereof, of a first mortgage

VA_Guidelines.txt

aa70ada8-691e-4b4c-a655-9743afb07066

. (NOTE: Units which will be subject to a VA-guaranteed loan will not be subject to delinquent assessments in excess of 6 months in any case in which the association has not brought enforcement action against the current unit owner.) 13.

VA_Guidelines.txt

943a0630-8554-4cba-9868-7c6e8bf9d20a

Contains provisions for enforcement of the association documents.

VA_Guidelines.txt

75852621-c2c6-4152-8acb-aaae70fcb815

If owners are held liable for costs and expenses incurred by the association as a result of acts or omissions of such owner or such owner’s tenants, agents, employees, invitees, guests and household members in failing to comply with the association documents or rules or regulations of the association, regardless of negligence or culpability, then the Public Offering Statement and or Information

VA_Guidelines.txt

7ab9034b-d5a6-43d7-8841-b0a7489e8ed4

the Public Offering Statement and or Information Brochure must describe this matter

VA_Guidelines.txt

d11c6b7f-8494-4837-8723-89594a5dc7e2

. 14.

VA_Guidelines.txt

d6ecb15b-3351-449a-bdef-473d59dbae9f

Contains provisions requiring appropriate types of insurance. The board of directors, on behalf of the association, has the authority to and is required to obtain coverages in the areas of property damage, liability, and personnel.

VA_Guidelines.txt

08d12f76-50a9-415e-a836-acb1f58955c1

Owners may be required to maintain certain types of insurance coverages and, if the owner fails to purchase that insurance, the board may obtain those coverages at the owner’s expense.

VA_Guidelines.txt

ba2c6f21-8d91-4a59-bba4-e50330f7e659

All hazard and flood insurance policies which include any units, must also have the standard mortgagee clause and provide for notice to the mortgagee at least ten days before lapse, material modification or cancellation of the policy. 15. Contains provisions for reconstruction of the common areas after condemnation or casualty loss.

VA_Guidelines.txt

6033dc89-6aea-45ad-8f5a-64cbd7d1684f

Continued on next page January 1, 2001 16-B-20 16-B-20 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration (continued) 16. Contains provisions governing parking, if parking is not included within each unit.

VA_Guidelines.txt

4d3f423b-ffde-47b6-9c37-95792d3cd7d8

If vehicular parking is on the common areas: (i) the association documents must: (a) permanently assign a parking space on the common area to each unit; (b) assign a specific parking area to a specific group of units or (c) make other provisions assuring parking in compliance with local ordinances; or (ii) the declarant must provide other evidence of parking in compliance with local ordinances

VA_Guidelines.txt

302cbd2f-b3ca-4842-bfc9-c35439688310

. 17.

VA_Guidelines.txt

95eb1bc3-efec-41b5-8594-77f6ca44fb29

Contains provisions guaranteeing mortgagees (may be limited to eligible mortgagees, as defined below) and agencies notice of amendments. During the declarant control period: (i) the declarant must provide a copy of all amendments to VA; and (ii) the association may not make any material amendments or take any extraordinary actions as described in subparagraph 6 above without the approval of VA.

VA_Guidelines.txt

adbd6d05-b9aa-4dd8-a4e8-9a182121a76c

The declaration may provide that certain rights and protections (including notice and approval rights) are granted to only those mortgagees who have provided notice to the board of directors of their interest and requested all rights under the association documents “eligible mortgagees.” Rights granted to eligible mortgagees should include the following: a.

VA_Guidelines.txt

8db4f323-b7ab-4bfd-9ab6-a1a3d60d8805

Right to inspect association documents and records on the same terms as the members; b. Notice of all material amendments to the association documents; c. Notice of any extraordinary actions of the association; d.

VA_Guidelines.txt

1e385720-a230-4a18-87eb-42929e6114d5

Notice of any property loss, condemnation or eminent domain proceeding affecting the common areas resulting in losses greater than 10 percent of the annual budget or any unit insured by the association in which the mortgagee has an interest; e. Notice of any termination, lapse or material modification of an insurance policy held by the association; f.

VA_Guidelines.txt

6d9dd782-e07a-4814-b096-3d0c8990d59f

Notice of any default by an owner of a unit subject to a mortgage held by the eligible mortgagee in paying assessments or charges to the association which remains uncured for sixty consecutive days; Continued on next page January 1, 2001 16-B-21 January 1, 2001 16-B-21 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (A) Declaration

VA_Guidelines.txt

2c30f6f5-311d-42a0-b87b-b7eb01d9877d

Other VA Requirements, Continued (A) Declaration (continued) 17

VA_Guidelines.txt

c82162d0-607e-4ca4-8de8-05899d067095

.

VA_Guidelines.txt

0c917a0f-9dc6-491b-823e-72dc837f3695

Provisions guaranteeing mortgagees (continued) g. Notice of any proposal to terminate the declaration or dissolve the association at least 30 days before any action is taken; h. Right of a majority of the eligible mortgagees to demand professional management; and i. Right of a majority of the eligible mortgagees to demand an audit of the association's financial records. 18.

VA_Guidelines.txt

5abea41a-1c29-45ae-8938-7ef8dac6da26

Contains provisions for party walls, if a townhouse planned community. The association documents or law of the jurisdiction must provide for the maintenance, repair and reconstruction of party walls and allocate the costs among the owners served by a party wall. 19. Contains provisions for expansion or annexation in a phased development.

VA_Guidelines.txt

ef916826-0bb0-4fd1-8501-215aaa6b887e

The declaration must, in addition to submitting at least 1 phase to the covenants and restrictions: (i) describe the additional land proposed to be submitted in the future in a sufficient manner to locate the property; (ii) grant the declarant the right to submit the described additional land; (iii) describe the method of submitting additional land; d describe the basis of voting rights and

VA_Guidelines.txt

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land; d describe the basis of voting rights and assessment obligations of units added in relation to the voting rights and assessment obligations of units already subject to the declaration or provide that such rights for future phases will be the same as for phases already submitted; and establish a reasonable time limit for submitting additional land

VA_Guidelines.txt

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.

VA_Guidelines.txt

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A reasonable time limit will depend on the size of the development, but generally annexation made within the later of 7 years after recordation of the Declaration or 5 years after the most recent recordation of an annexation document is considered reasonable. The additional land must be contiguous, adjacent or across a public right- of-way.

VA_Guidelines.txt

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If the additional land is not so located, there must be a clear statement of that fact and a discussion of the rationale for its potential inclusion.

VA_Guidelines.txt

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The declaration may reserve the right to the declarant to submit a limited amount of undescribed adjacent additional land, increasing the total size of the planned community by up to 10 percent both in land size and number of additional units, or such undescribed additional land may be added by the association with a majority vote of the members at a duly held meeting at which a quorum is present

VA_Guidelines.txt

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a duly held meeting at which a quorum is present or the written consent of members entitled to cast a majority of the total number of votes, in both cases excluding the votes of the declarant during the declarant control period

VA_Guidelines.txt

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. 20.

VA_Guidelines.txt

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Contains provisions for termination. Continued on next page January 1, 2001 16-B-22 16-B-22 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (B) Bylaws 1. Contains provisions for holding meetings of the board of directors, including the required quorum. 2.

VA_Guidelines.txt

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Contains quorum provisions for holding meetings of the members (including voting by proxy). If the association has, or is planned to have, 250 members or less, the quorum is at least 20 percent. If the association has, or is planned to have, more than 250 members but not 1,000 members, the quorum is at least 10 percent.

VA_Guidelines.txt

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If the association has, or is planned to have, more than 1,000 members, the quorum is at least 5 percent. The quorum is not a quorum of each class except when a vote of a particular class is required on a specific issue. 3. Contains provisions for holding a meeting. Membership meetings are required at least annually after there are members other than the declarant.

VA_Guidelines.txt