§421J-1 Scope. This chapter shall apply to all planned community associations existing as of June 16, 1997 and all planned community associations created thereafter. [L 1997, c 132, pt of §1] Revision Note “June 16, 1997” substituted for “the effective date of this chapter”.
§421J-1.5 Interpretation. This chapter and any association document subject thereto shall be liberally construed to facilitate the operation of the planned community association. [L 2008, c 70, pt of §2]
§421J-10 Attorneys’ fees and expenses of enforcement. (a) All costs and expenses, including reasonable attorneys’ fees, incurred by or on behalf of the association for: (1) Collecting any delinquent assessments against any unit or the owner of any unit; (2) Foreclosing any lien on any unit; or (3) Enforcing any provision of the association documents […]
§421J-10.5 Association fiscal matters; lien for assessments. (a) All sums assessed by the association, but unpaid for the share of the assessments chargeable to any unit, shall constitute a lien on the unit. The priority of the association’s lien shall, except as otherwise provided by law, be as provided in the association documents or, if […]
§421J-10.6 Association fiscal matters; collection of unpaid assessments from tenants or rental agents. (a) If a unit owner rents or leases the unit and is in default for thirty days or more in the payment of the unit’s share of the regular assessments, the board, for as long as the default continues, may demand in […]
§421J-11 Applicability of other laws. Nothing in this chapter shall be construed to exempt any association or person from compliance with any applicable law, or subject any association or person to any other applicable law; provided that in the event of a conflict between any such law and this chapter, this chapter shall govern. [L […]
§421J-12 Amendment of association documents when no procedure provided. (a) Whenever an association document provides that it may be amended by the vote of association members at a meeting, the association document may also be amended by the written consent of the same percentage of association members without a meeting. (b) Whenever neither an association […]
§421J-13 Mediation of disputes. (a) At the request of any party, any dispute concerning or involving one or more members and an association, its board of directors, managing agent, manager, or one or more other members relating to the interpretation, application, or enforcement of this chapter or the association documents, shall first be submitted to […]
§421J-14 First annual meeting of association. The first annual meeting of the association shall take place as provided in the association documents, but not later than one year after the closing of the first conveyance of a unit to a person other than a developer. [L 1997, c 132, pt of §1]
§421J-15 Service of process. The board shall establish a policy to provide reasonable access to persons authorized to serve civil process in compliance with section 634-21.5. [L 2009, c 158, § §2, 8; am L 2011, c 65, §1]
§421J-16 Medical cannabis; discrimination. A provision in any association document allowing for any of the discriminatory practices listed in paragraphs (1) to (7) of section 515-3 against a person residing in a unit who has a valid certificate for the medical use of cannabis as provided in section 329-123 in any form is void, unless […]
§421J-2 Definitions. As used in this chapter, unless otherwise indicated by the context: “Assessment” means funds collected by an association from association members to operate and manage the association, maintain property within the planned community for the common use or benefit of association members, or provide services to association members. The term also means expenditures […]
§421J-3 Board of directors. (a) Every member of the board of directors shall be a member of the association. However, a developer may appoint or elect directors pursuant to any special voting rights or power of appointment reserved to the master developer. (b) The board of directors shall be composed of the number and group […]
§421J-3.5 Notice required; regular, annual, and special meetings. (a) Not less than fourteen days in advance of any regular, annual, or special meeting of an association, the secretary or other officer specified in the bylaws shall give written notice of the meeting to each member of the association as provided in the bylaws of the […]
§421J-4 Proxies. (a) A proxy shall be in writing and shall be valid for only a specified meeting of the association and any adjournments of that meeting. (b) A member of the association may give a proxy to any person or the board of directors as an entity, and the proxy may be limited as […]
§421J-5 Meetings of the board of directors; committee or subcommittee. (a) All meetings of the board of directors, other than executive sessions, shall be open to all members to provide input on the matters being discussed. Members who are not on the board of directors may participate in any deliberation or discussion, other than during […]
§421J-6 Robert’s Rules of Order. All association and board of directors meetings shall be conducted in accordance with the most current edition of Robert’s Rules of Order, Newly Revised. [L 1997, c 132, pt of §1]
§421J-7 Documents of the association. (a) Association documents, the most current financial statement of the association, and the minutes of the most recent meeting of the board of directors (other than minutes of executive sessions) shall be made available for examination by any member at no cost, on twenty-four-hour loan or during reasonable hours. (b) […]
§421J-7.5 Restatement of association documents. (a) Notwithstanding any provision of this chapter, an association, by a resolution adopted by the board, may at any time restate the association documents of the association to include amendments to the association documents. (b) An association, by a resolution adopted by the board, may at any time, restate the […]
§421J-8 Membership list. The association shall use good faith efforts to keep an accurate and current list of the names and addresses of association members. If the list is not provided directly to members, the association shall develop a reasonable procedure by which owners may solicit votes or proxies or provide information to other owners […]
