Amenity shared pools, parks, clubhouses, or other common areas that an HOA maintains for members

Anonymous not named.  We respect everyone's privacy. We will not make any petition public to Amend or Dissolve until we have collected at least 838 signed petitions to avoid any harassment from the HOA.  

Articles of Incorporation legal document filed with the state to register the HOA as a non-profit, outlining its purpose, powers, membership etc

ARC "Architectural Review Committee" A panel that approves/denies construction applications.

ACC "Architectural Control Committee" Same term as ARC.

Architectural Controls/Rights: The contractual right of an HOA or Declarant (Vince Barth) to regulate location and manner of construction as stated in the Declaration, By-Laws, Rules.  The Declaration supersedes all: silence in the Declaration favors free use of property; new prohibitions or major controls typically require a Declaration amendment. PA68-5219

Assessment  mandatory fees that lot owners pay annually to cover the costs of the HOA

Annual Assessment mandatory "dues" we pay every year

Barth, Vincent The developer of Sierra View and owner of SVC, he created our HOA and our "Covenants/CC&Rs/Deed Restrictions" in 1976.  He is around 80 years old, and is annoyed by the HOA's performance such that he has filed an action in court to see the HOA's records. Barth's Declarant powers are expired: his lots are sold out and he has not properly established a successor Declarant. He terminated involvement in writing (see 1991 letter). His Restrictions are still amendable by the lot owners.

Board short for "Board of Directors"

Board of Directors Elected volunteers (9) to manage the HOA's affairs, creating Rules and Regulations, enforcing them, hiring contractors and staff, and overseeing elections. The Board can not vote with any fewer than 5 members.

Bootstrapping: an association's attempt to link or "bootstrap" a new restriction onto an unrelated or overly broad existing language in the Declaration, effectively creating improper amendments (a proper amendment requires 839 votes)

Budget An annual financial plan estimating the HOA's income, expenses, and reserves

By-Laws the "laws" that govern the policies, resolutions, rules, and decisions of the Board and the  HOA membership, subject to the will of the voting membership (lot owners in good standing)

CC&Rs short for "Covenants, Conditions, and Restrictions"   "Deed Restrictions"  "Restrictions"  "Declaration".  All the same term.  Commonly called "The Declaration" by Courts.

Common Areas The pool, office, clubhouse in our case.

CAM / Community Association Manager A hired employee from the HOAs management company (FSR in our case) and advising the Board on administrative matters.

Charge See also Fee.  Any money the HOA collects that is not an assessment or "dues".

Declarant The original founder of the HOA and the development, in our case Vincent Barth.  He drew up the 1976 "Declaration CC&Rs (Deed Restrictions)" making him the "Declarant".

Developer Vincent Barth's company Sierra View Corporation. The person who sold the divided the land, sold the lots, and then transferred control to the lot owner's HOA. See also "Declarant"

Dues Another word for our yearly "Assessment"

Eagle Land Co., Inc.  1968-1980. This is the developer that drafted the plat map for the "Lower" S.V. development, before Sierra View Corporation/Barth bought it in 1976.  See homepage for the map.

Entire Agreement meaning that all terms of a contract are contained within the "4 corners" of the paper--any side contracts, addendums are un-enforceable.

Fee any money the HOA collects that is not an assessment or "dues"

Fiduciary Duty the legal and ethical responsibility of the Board to act in the best interest of the lot owners.

FSR Short for "First Service Residential".  This is a large private management company that runs HOAs all over the USA.  The company has many bad reviews, with customers reporting neglect, unfair late fees, aggressive collections, and poor communication/ignoring them.  See also "vulture capitalism".

Governing Documents  The Declaration/ "Deed Restrictions", By-Laws, Rules and Regulations, and Policies that regulate the development.  Declaration supersedes-----> By-Laws, By-Laws supersede----> Rules and Regulations. The authority of these contracts flows in that order. See PA 68-5203(c)

Good Standing members in "good standing" are those who do now the HOA any money for any reason (dues, fees, fines etc).  Loss of "good standing" deprives you of certain rights to vote in elections and be recognized in meetings.

HOA Fees per our By-Laws, a fee or "other charge" that the Board may charge for special purposes such as pool passes.  Membership does not vote on Fees, but it has the right to veto them by special vote.  A "fee" or "other charge" is generally a small amount for a narrow purpose.

HOA Manager A private contractor engaged to run daily operations of the HOA, instead of hiring its own staff to perform office duties.  SVA has hired a company called First Service Residential---FSR--- to manage the office and books, see also FSR. See also "vulture capitalism"

Judgement A court order to pay, where the creditor or injured party wins the case. Can result in liens, wage garnishment, etc.

Levy  verb:  to pass a rule allowing the collection of a tax or assessment.  In our case, only a membership vote can levy an assessment (dues), the HOA may only collect the money.  The Board can levy and collect fees, fines and other charges---not assessments---see By-Laws.

Lien an uncollected debt attached to the deed of a house, such that if that house gets sold, the holder of that lien gets paid from the sale, often with interest.  The title company must pay off the lien by certified check at the closing table.  If the lot owner has paid off or negotiated before the sale, the lien holder's attorney must write a notarized Satisfaction Letter.

Letter of Satisfaction  A duly executed document releasing the lien from your deed.

Member a home owner (or lot owner) within the development and subject to the terms of the Deed Restrictions /Covenants/ CC&R's that "run with the land".

Plats and Plans The official surveyed maps on file with Monroe County showing boundaries, lots, easements, streets etc. Plans refer to detailed site drawings for buildings.

Planned Community a kind of development where owners own their lots but share common areas. Also known as a PUD or "Planned Unit Development".

PUD Rider an added agreement to a mortgage contract, where borrowers agree to be part of an HOA to insure that common areas are maintained and carry liability insurance.  Each lot owner owns a share in common areas and we are collectively liable for them.  PUD doesn't not apply to homes that are paid off.

Quorum The minimum number of members required (35 members or 5 Directors) to be present at meetings to make legally binding votes.  A simple majority of 5 of 9 Board Directors can make decisions (resolutions), no fewer than a quorum of 5 directors may act on any matters like fines, liens, assessments, hiring, contracts, new committee delegations. Existing committees can not act on behalf of the Board. Without a minimum quorum of 5, such acts are beyond their authority (ultra vires).  See By-Laws Article VIII Sections 1 and 12-13. 

Referendum a Ballot Question.  This allows voters direct control over key policy, such as the levying (approving) assessments, instead of delegating powers to an elected Board of Directors.

Section 5203(c) of the Uniform Planned Community Act (68 Pa.C.S. § 5203(c)) explicitly establishes the priority of the Declaration over the Bylaws in cases of conflict.The statute states: "If there is a conflict between the Declaration and the ylaws, the declaration shall prevail except to the extent the declaration is inconsistent with this subpart" (the UPCA itself).

Section 5203(a)11(i) Your legal right to a warning and a hearing before paying a "reasonable" fine to your HOA "(11)..after notice and an opportunity to be heard...(i)levy reasonable fines for violations of the Declaration, By-Laws, Rules)

Servitudes in real estate law, this is a legal right by contract to limit an owner's property rights, creating long-term arrangements for shared land use like access or restrictions, and running with the land to bind future owners

Special Assessment A one-time charge levied on members to cover unforeseen costs like emergency repairs to a roof.  

Strict Construction: The doctrine of strict construction favors the specific language of the Declaration over subjective interpretations.

SVA "Sierra View Association" the HOA we all know and love, founded in 1976.

SVC "Sierra View Corporation" the Developer Vincent Barth's real estate company that sold the lots in 1976, that still exists today.

Ultra Vires legal term (latin) meaning "acting beyond one's legal authority".  An example of ultra vires is changing By-Laws or Deed Restrictions without membership vote, or spending over $30,000 on a capital improvement without a quorum of members present to vote.

Vacancies Open seats on the Board.  The Board may still operate with vacancies but has to postpone certain votes until a Quorum of at least 5 Directors is available to vote.

Void Ab Initio legal term (latin) meaning " void from the beginning".  An action that never had any authority from its inception, cannot be enforced, and cannot be made valid.  A common example of such is contract with a minor.