Community association CC&Rs and Bylaws contain numerous legal terms. Some of those terms have common meanings, others have very specific and legal meaning. Here is a list of common legal terms, along with plain English definitions: Abate - To stop or diminish.
Alienation - To transfer ownership or possession of land from one person to another. Governing documents may have a provision against “any restraints on alienation.” This can mean that the Association may not impose rental restrictions or impose criteria for buyers of lots or units.
Declarant - The individual or entity who creates a condominium or planned community.
Casualty - A disastrous occurrence due to a sudden, unexpected, or unusual cause. A “casualty” event is what triggers many insurance policies.
Condemnation - The process of taking private property for public use by a governmental body.
Common Property - Property owned or leased by the association. Usually designated on the plat and described in the Declaration.
Contribution - The right of one person who has discharged a liability to recover from another who was also liable.
Common Elements - The portions of a condominium which are jointly owned.
Cumulative Voting - The ability to cast multiple votes for the same director. Typically prohibited.
Easement - The right of use upon the property of another.
Encroachment - When land is conveyed and it is then discovered that improvements on the property are partially located on an adjacent owner’s property.
Encumbrance - Any right or interest in land, like a mortgage or lien.
Enjoin - To require someone to do something.
Enjoyment - The exercise of the right to use your property. Owners have the right to “quiet enjoyment” of their property.
Enumeration - To list or describe.
E&O - Errors and Omissions insurance. Typically called D&O—Directors and Officers.
Estoppel - When someone is prevented, by their own actions, from claiming a right to the determent of another who was entitled to rely on such conduct. For example, if the association is aware of a violation and does not act to enforce for a significant amount of time, the association may be “estopped” from enforcement.
Fidelity Bond - An insurance policy for the theft of association funds or money.
Fiduciary - Derived from Roman law, meaning a person of trust and confidence. Board members are fiduciaries. This means all decisions must be made in the best interests of Association and members.
Foreclosure - The process used by a mortgagor or holder of a lien to deprive an owner of property from their interests in the property.
Improvement - An addition made to property, including sheds, walkways, and utilities.
Indemnification - To restore the victim of a loss, in whole or part, by payment, repair or replacement. If a director is sued for acting in their capacity as a director, the Association typically must “indemnify” the director. This means the association pays legal fees and the judgment.
Invitee - A person is an invitee on the land of another if they are there by invitation or authorization.
Joint and Several - The liability of two or more people who make the same promise. If a husband and wife purchase a lot in an association, both are liable for the full amount of any delinquent assessments.
Legal Description - A unique description of property that allows the property to be found and identified.
Lien - A claim on property for the payment of debt.
Metes and Bounds - The boundary lines of a piece of property, including the starting and end point.
Mortgage - An interest in property created by a written document providing security in the land in exchange for the payment of debt.
Mortgagee - Person who takes or receives a mortgage.
Nuisance - Any activity on land which is unreasonable, unwarranted or unlawful and is an annoyance or inconvenience to others.
Offset - A deduction. State law prohibits owners from claiming any offset relating to payment of assessments.
Quorum - The percentage or number of members who must be present in person or by proxy in order to hold a valid meeting and conduct business.
Right of Entry - The association’s right to enter an owner’s lot or home to remedy a violation.
Severability - Capable of being divided.
Subrogation - To substitute one person in the place of another.
Successor Unincorporated Association - If an association fails to renew its corporate status, an unincorporated association automatically exists.
Turnover - The process of transferring control of the association from the developer to the owners.