This is a question relating to Louise Gersons' article in the latest issue of The Reporter. Who determines whether as Association has 10 days or 30 days to approve or dis-approve an applicant for a purchase or rental? Is it determined by the Associations By-Laws or by Chapter 718? And is it a fact that the applicant is automatically approved if the Association does not act on the Application within the time mentioned? Randall is probably the one to answer this on a legal basis. It seems as tho not too many are aware of this and it should be known by all Associations.
Thanks for any info.
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Hi all,
ReplyDeleteThis problem has been publicised repeatedly by Randall.
A small number of Associations still have this 10 day clock from their early Documents which they refuse to change.
When the clock expires with no action by the Association, the applicant is deemed approved.
Dave Israel
There were originally thirty seven Associations in Century Village with the 10 day limit to process and approve rental, sale, deed transfer investigation applications. Of those thirty-seven Associations, the amendment to Article XI of the Declaration of Condominium which extended this period to 30 days, has been distributed to about twenty-eight Associations. Whether or not these amendments were brought before the membership, approved, and recorded in the Public Records is presently unknown. I do know that about nine Associations were not interested (for whatever reason) in proposing this amendment to their membership after repeated attempts by myself... some as many as five times!!
ReplyDeleteAbout two years ago, I discovered that UCO was stating that ALL associations had 30 days for investigations. I knew this to be misleading and inaccurate. The only accurate method of determining which associations had not properly amended their Declaration of Condominium was to do a thorough evaluation of every amendment to each of the 309 Associations' Declarations in Century Village. After extensive analysis, thirty-seven Associations were found to have a 10 day time period for investigations, after which, as David stated, the applicant(s) is automatically approved. Those with 10 days are also unlikely to have the time for legal review in the event that the Board intends to reject the applicant(s).
The Investigation Committee at UCO has a list of the thirty-seven Associations that were reported to have 10 days. Unless each Association notifies UCO that they have properly amended their documents to 30 days, they will assume that the Association still has 10 days. I will endeavor to research this issue further, after March, when most of the Annual Meetings have been scheduled. Many Associations have opted to amend their documents at that meeting. Once researched, I will forward the list of Associations with the properly recorded amendment to Investigations, so they will have a current list.
Anyone concerned that their Association may not have the 30 day period for investigations can email me at rvirginia620@comcast.net and will receive immediate feedback.