Legal Documents

What is a ‘Notice of Noncompliance?’

Similar in essence to a lien, the Notice of Noncompliance is a document sometimes authorized under the CC&Rs and may be recorded in the county property records. It's essential purpose is to notify prospective buyers that the property is in violation of the documents.

What is a ‘Notice of Noncompliance?’2014-02-01T03:59:53+00:00

What is an ‘Easement?’

An interest or a right in real property which grants the ability to a landowner to use the land of another for a special purpose or endeavor. An association may for example have an easement for slope maintenance or other repair purposes. A public utility may also have an easement for maintenance or repair work [...]

What is an ‘Easement?’2014-02-01T03:59:18+00:00

What is an Estoppel letter?

An estoppel letter is used in a transfer or conveyance of real property prior to the Closing transaction. The document is sent to a bank (or other lender), to an HOA (or Condo Association), to a city/municipality, or a tenant requesting payoff of a mortgage, assessments or taxes due, or rental amounts due on a [...]

What is an Estoppel letter?2014-02-01T03:58:53+00:00

What is the ‘Declaration?’

The Declaration is sometimes referred to as the 'master deed,' 'documents,' or 'declaration of covenants, conditions, and restrictions' [CC&Rs]. It describes an owner's responsibilities to the association which can include payment of dues and assessments as well as the association’s various duties to the owners. It is common viewed as somewhat of a 'constitution' of [...]

What is the ‘Declaration?’2016-12-14T19:55:20+00:00

What is a Lien?

A monetary claim levied against a property for unpaid mortgage, taxes, contractor work, or other charges. A lien is attached to the property, not the owner, but legally must be recorded in the property records of the county of residence. If a Lien is in place, the property owner has very limited ability to do [...]

What is a Lien?2014-02-01T03:57:59+00:00

What are Governing Documents?

The declaration, bylaws, operating rules, articles of incorporation or any other documents which govern the normal operating procedures of an association.

What are Governing Documents?2014-02-01T03:57:32+00:00

What Are ‘ByLaws?’

A set of rules or guidelines regarding the operation of a non-profit corporation such as a Board. Bylaws generally set forth definitions of offices and committees involved with the Board of Directors. They can include voting rights, meetings, notices, and other areas involved with the successful operation of the Association.

What Are ‘ByLaws?’2014-02-01T03:56:41+00:00

What are CC&Rs?

The term CC&R refers to 'Covenants, Conditions & Restrictions.' A real covenant is a legal obligation imposed in a deed by the seller of a home and or property upon the buyer of the real estate to do or not to do something. Such restrictions frequently 'run with the land' and are enforceable on future [...]

What are CC&Rs?2016-12-14T19:55:20+00:00
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