Title 23, Corporations And Partnerships

[§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]

[§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: against a member, occupant, tenant, employee of a member, or any other person who in any manner may use the p…

§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 provid…

[§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…

[§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 s…

§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…

[§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…

[§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 13…

[§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 section 515-3(a)(1) to (7) against a person residing in a unit who has a valid certificate for the medical use of cannabis as provided in …

[§421J-17] Personal agriculture allowed. (a) No association shall prohibit or unreasonably restrict the use of a unit owner's enclosed yard area for personal agriculture; provided that the use is not in violation of the association's existing master landscape plan or other restri…

§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 benef…

[§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 dire…

[§421J-3.2] Cumulative voting for directors. (a) If the association documents provide for cumulative voting by members, members may so vote, by multiplying the number of votes the members are entitled to cast by the number of positions for whom they are entitled to vote, and cast…

[§421J-3.3] Removal of directors elected by members or directors. (a) The members may remove a director elected by the members with or without cause unless otherwise provided in the association documents. If the removal is successful, the replacement director shall be elected for…

§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 membe…

§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 li…

§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 partic…

[§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…

[§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) …

[§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 ma…

[§421J-9] Notification of assessment increases. The board of directors shall notify members in writing of any increase in regular assessments at least thirty days prior to the increase. [L 1997, c 132, pt of §1]