The King City Highlands

The King City Highlands

A 55+ Adult Community

The King City Highlands

A 55+ Adult Community

Governing Documents that regulate the Association and the Community

  • Legislative Law (Federal > State > County > Local)
  • Declaration of Covenants (Covenants, Conditions and Restrictions, the CC&Rs) and Master Deed
  • Articles of Incorporation
  • Bylaws
  • Rules and Regulations
  • Resolutions
  • Plats of Survey and Easement Agreements (may be separate, often included in the declaration)

Amended and Restated CC&Rs 2013
Articles of Incorporation
Bylaws

Resolutions:

2009-01: Consolidation of Cable TV Fund
2009-02: Reserve Fund Investment Income
2009-03: Operating Policy and Procedure
2013-01: Living Unit Leasing/Renting/House Sitting
2013-02: Schedule of KC Highlands Fines & Fees
2013-03: Transfer Fees
2013-04: Citizen Participation Organization (CPO) Use of Clubhouse
2013-05: Enforcement of Association's Governing Documents
2013-06: Architecture and Landscape Committee
2013-07: Board of Director Meetings
2013-09: Clubhouse Library Usage
2013-10: Application of Proper Business Practices
2013-11: Estate Liquidation or Moving Sale
2013-12: Document Retention and Availability
2013-13: Reserve Fund and Study
2013-14: Rescind No Longer Applicable Resolutions and Policy & Procedure
2013-15: Collection of Unpaid Assessments and Other Charges
2014-01: Condominium Association Street-Tree Rebate
2014-02: CMI Account Setup Fee
2014-03: Estate Liquidation or Moving Sale
2015-01: Solar Energy Systems
2016-01: HOA Resident Age Verification
2017-01: Commercial Receptacles, Porta Potties and Moving/Storage Containers
2017-02: Trash Collection & Storage
2017-03: Contractor Bid Submission
2017-04: Volunteer Reimbursement Fund
2018-01: Installation of Artificial Turf


Basic Condominium/Townhome Legal Documents

  • State Enabling Statute – permits the creation of condominium/townhome form of ownership and prescribes the basis of determining ownership interest, rights and obligations of the owners, duties and powers of the association, and the process of dissolution of the condominium
  • Subdivision of Condominium/Townhome Plat – describes the location and nature of the common elements and the units
  • Condominium Declaration or Master Deed – defines the units, common and limited common elements, and is the collection of covenants imposed on the property to provide for:
    • The basis for allocation of percentage ownership interest< voting of allocation basis the and membership association
    • The obligation of each owner to share in funding the cost of association operations
    • The power, authority, and responsibility of the association in its operations and in making and enforcing rules
  • Individual Unit Deeds – comprises the individual unit deed
  • Articles of Incorporation – creates the association as a corporation under state corporate statute and defines its membership and sets forth the process for creating the board of directors, voting procedures, etc.
  • Bylaws – implements, in specific detail, the provisions of the Declaration and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process
  • Rules and Regulations – sets forth the operational powers or provisions and the use restrictions adopted by the association

Legal Docs for Homeowner Associations; Hierarchy of such Documents

  • Subdivision Plat – describes the location and nature of the common property and the individual lots
  • Property Deeds – comprise the individual lot deeds and the deeds to common property which give a legal description of the property
  • The Declaration of Covenants, Conditions, and Restrictions – the declaration of CC&R’s is the collection of covenants imposed on all property within the development and provides:
    • For automatic association membership of all owners and the basis for voting rights
    • The obligation of each owner to share in funding the cost of association operations
    • Certain restrictions (architectural control and other rules) on the use of the property and the association’s enforcement powers
    • Sets forth the power and authority of the association to own and maintain the common property and to make and enforce rules
  • Articles of Incorporation – creates the association as a legal entity under state corporate statute; defines the board powers and responsibilities of the association and its membership; and, sets forth the process for creating the board of directors, voting system, etc.
  • Bylaws – implements, in specific detail, the provisions of the CC&R’s and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process
  • Rules and Regulations – sets forth the operational powers or provisions and the use restrictions adopted by the association

Applicable Civil Rights Laws

  • Prohibition against racial discrimination as stated by the Civil Rights Act of 1866
  • Equal Credit Opportunity
  • Fair Housing Amendments Acts, 1988, applies to sale of residence.
  • Board is prohibited from discrimination in exercising its 1st right of refusal
  • Persons with disabilities (at own expense) must be allowed to make accommodations per the Americans with Disabilities Act, 1993