must be made, specifically in terms of voting requirements and notice. Most importantly the two governing documents should not contradict each other.


Board members on both the master association and sub-association boards should work cooperatively.


Board members on both the master association and sub- association boards should work cooperatively with one another to correctly interpret and enforce their governing documents. Both boards need to be acutely aware of their enforcement obligations and whether some of those enforcement duties should be, or have been, delegated to the master association. Only by working together and keeping open lines of communication between the master association and sub-association boards, as well as clear communication with owners, will a master planned community thrive.


Assessments: Who Pays Whom?


Often owners wonder whether they are required to pay assessments to both the master association and their sub- association. While paying assessments to both associations is generally expected, how the specific assessment obligation is determined, including the amount and timing of each payment, should be outlined in the master association and sub-association’s governing documents. If there are a variety of different dwelling unit types within a community, a master association may assess owners using a tier-type system.


If there are a variety of dwelling unit types, a master association may assess owners using a tier system.


As an example, townhomes in a tier-type system may not be charged the same amount as a one-bedroom condominium. Alternatively, a master association may assess all owners the same amount regardless of type of unit or lot, with the sub-association assessing each unit or lot within the sub-association a different amount based on that sub- association’s particular needs and governing documents.


Maintenance Responsibilities When residing in a master planned community, questions


will inevitably arise regarding maintenance. Specifically, owners may inquire as to whether a component should be maintained by the master association or sub-association. There are typically certain facilities and features of the master planned community, such as a main roadway or central open space, that are open to all residents, or that all owners can enjoy and use.


There are typically features of the master planned community, such as a main roadway or central open space, that are open to all residents, or that all owners can enjoy and use.


Such universally common assets should be funded, (maintained, repaired, and replaced), by the master association. Conversely, certain areas within a sub- association may only be accessed, used or enjoyed by those within the sub-association, for example, a swimming pool or playground. In that case, the governing documents typically require the sub-association to maintain, repair, and replace those areas. However, there are instances where the master association may be delegated the responsibility to maintain, but the cost of maintenance is to be allocated to the sub-association owners.


Analyze both the master association and sub-association’s governing documents independently.


As a manager or board member in a master planned community, it is extremely important to review and analyze both the master association and sub-association’s governing documents independently with respect to the maintenance project in mind, before making a decision or statement regarding maintenance obligations.


Open Discussion is Key


The relationship between a master association and sub-association will vary based on the master planned community’s governing documents. Managers, board members and owners should take special care to understand the responsibilities of both the master and the sub, and be available for open discussion when any questions arise.


wscai.org 29


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32