Association records are defined in Civil Code section 5200. These records constitute a variety of documents that an association is responsible for maintaining and providing upon demand. Some of these records include board minutes, agendas, committee minutes, check registers, correspondence to owners, third party contracts, financial statements and many others. Pursuant to the same section, these documents must be produced on demand in certain situations, subject to redaction. If you receive a document request, immediately contact your association’s legal counsel to ensure you meet all of the statutory requirements.
An “RV” or recreational vehicle is either of the following: (a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets the space and construction requirements set forth in Health and Safety Code §18010 or (b) a “park trailer” as defined in Health and Safety Code §18009.3.
“Recreational vehicle” is defined by Health & Safety Code section 18010 as a motor home, travel trailer, truck camper, camping trailer, or park trailer that meets certain criteria set forth in the Code. Prior to January 1, 2013, an off road vehicle would not be considered a recreational vehicle. However, as of January 1, 2013, off road vehicles meeting certain criteria may now qualify as a “recreational off-highway vehicle.” A “recreational off-highway vehicle” means a motor vehicle that is: (a) designed by the manufacturer for operation primarily off of the highway; (b) has a steering wheel for steering control; (c) has nonstraddle seating provided by the manufacturer for the operator and all passengers; (d) has a maximum speed capability of greater than 30 miles per hour as designed by the manufacturer; and, (e) has an engine displacement equal to or less than 1,000cc (61ci).
The term used in disability statutes to refer to the duty of a housing provider to make allowances in the enforcement of governing documents as necessary to afford a disabled resident an equal opportunity to use and enjoy the housing, and common areas and recreational amenities of the association. See also Reasonable Modification.
When the association must perform work in a unit or on a building that requires the resident to move from the unit while the work is underway (commonly during fumigation or mold remediation), the unit owner or resident is responsible to pay for the cost of the relocation, not the association. (Civ. Code §4775(b))
The term used in disability statutes to refer to the duty of a housing provider to allow modifications to the unit and common areas, at the cost of the disabled applicant, where necessary to afford the disabled resident an equal opportunity to use and enjoy the housing, and common areas and recreational amenities of the association. See also Reasonable Accommodation.
“Removal” rather than “recall” is the term used in the Corporations Code for involuntarily removing one or more directors from a board. Board recalls are frequently started by a petition signed by members calling for a special meeting to remove one or more board members. For incorporated associations, Corporations Code section 7221 provides that removal of the entire board in associations having more than 50 members requires a majority vote with a quorum represented and a majority of all members voting in associations with 50 or fewer members. If a recall seeks removal of one or more but less than all directors, and an association’s governing documents authorize cumulative voting in elections, whether it was actually used or not to elect any of the directors, it requires a substantially higher vote of all owners to remove a director.
The generic form for a type of mortgage available to seniors, wherein the entire equity within a senior’s home is made subject to a lien, due on the death of the senior (or the senior’s removal from the home).
Robert’s Rules of Order is a system of rules for conducting board or member meetings in a structured and orderly manner, often referred to as “parliamentary procedure.” There is an official Robert’s Rules of Order, Newly Revised, now in the 11th edition that is copyrighted by Henry M. Robert III for the Robert’s Rules Association. There are other books that use the term “Robert’s Rules,” some of which are companions to or simplifications also produced by Henry M. Robert or the Robert’s Rules Association and others that are various adaptations and simplifications rules of parliamentary procedure that apparently use the name because of older versions of Robert’s Rules whose copyright has expired. There are other simplified books and pamphlets containing rules of parliamentary procedure. Also see Parliamentary Procedure.