Understanding 33-1801: Applicability, Exemptions, and Voluntary Election for Planned Communities
Article 33-1801 is a legal provision that sets the rules regarding the applicability, exemptions, and voluntary election of planned communities. To put it simply, it lays out the guidelines for what type of communities this chapter applies to, who is exempted, and the conditions under which a community can voluntarily choose to be governed by this chapter.
Section A clearly stipulates that this chapter applies universally to all planned communities without exception.
Section B provides an exemption for schools, including charter schools, that receive state funding. Despite any provisions in the community documents, these schools are exempt from regulation or enforcement actions by any homeowners' association governed by this chapter. This effectively means that schools cannot be established within the living units of a homeowners' association, except for homeschools as defined in section 15-802. However, homeowners' associations may enter into a contractual agreement with a school district or charter school to allow the use of the association's common areas.
Section C outlines two situations where this chapter does not apply. The first is for timeshare plans or associations, which are governed by chapter 20 of this title. The second is for certain nonprofit corporations or unincorporated associations of owners established before January 1, 1974, which lack authority to enforce covenants related to the use, occupancy, or appearance of the separately owned lots or units in a real estate development. However, such associations can choose to come under this chapter if a majority of their members elect to do so in writing.
Section D further describes the process by which a nonprofit corporation or unincorporated association of owners can voluntarily subject itself to this chapter. If the association has the power under recorded covenants to assess members to pay costs and expenses incurred in the performance of obligations created by recorded covenants for a real estate development that does not qualify as a planned community, it can choose to be governed by this chapter. To do so, it needs the written approval of a majority of all its members. The election becomes effective from the date of recording of the notice of election with the county recorder of the county or counties where the real estate development is located. The election can also be rescinded in the same way and becomes effective from the date of recording the notice of rescission.
In conclusion, understanding 33-1801 helps homeowners, community associations, and schools navigate the rules and requirements of their relationships in planned communities. The key is to know when and how these regulations apply and the process to follow for voluntary election or rescission under this chapter.