Info Bytes 06.16.22
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ISSUE # 41
CIC Info Bytes 06/16/22
CIC Info Bytes are frequent, succinct updates providing educational and engagement opportunities that help your community thrive! Please forward and share this newsletter with your peers, neighbors and colleagues so they can connect and join .
Our goal is to curate content that provides a robust basis for contextual understanding to support practical takeaways for you and your association. This bi-weekly newsletter is packed to the brim. We've done our best to create meaningful section breaks and incorporate engaging visuals. When in doubt, Ctrl + F!
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Governance Matters
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Failure to Respond Does ≠ Approval of ARC / ACC Request
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In Ciochetty v. Fountain Trace Homeowners' Association, Inc. the Kentucky Court of Appeals found that an incomplete ARC/ACC application voids the plain language 30 day response requirement
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The Court noted that it is best practice to respond in a timely manner to all requests and not simply ignore them.
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Be reasonable! Please provide timely responses to requests and inquiries from your homeowners.
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Declaration and Covenants (CC&Rs) Regulate Leasing
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In JBrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Association, Inc., the Texas Supreme Court reaffirmed that a Board is not empowered to regulate leasing via rules that are not supported by recorded covenants
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If your declaration / CC&Rs includes language such as "Other than XYZ, there shall be no restriction on the right of any owner to lease its unit," XYZ are the only permissible restrictions.
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Resource Updates
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CIC State Statute Database Project
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We need YOUR help to create a comprehensive CIC state statute database
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Please contact us!
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