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16-B.01 Contents of Opinion
Identification of Project
Identification of the project must include
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· the name of project (both legal and marketing, if applicable)
· the location of project (address if available, city/county, state and zip code)
· a statement regarding whether or not (if known at the time of submission) the
- lots in the project are created and subjected to the Declaration in phases, and
- approximate number of phases to be developed and the specific identities of the phases
· specific identification of units, and common areas to be subjected to the Declaration in the first phase being submitted for
acceptance.
·
· Note: If the phases have been recorded, the description must be of those units and common areas
legally subjected as of the date of the opinion, or there must be reference to a provided exhibit and the
phase currently being proposed for annexation.
·
· information on the status of the master or umbrella association, if any, including
- whether or not the documents are recorded
- a general description of the overall project, and
- the number of sub associations that may be planned.
List of Documents Reviewed
The list of documents that are reviewed when developing the attorney’s opinion must include, at a minimum the
· Declaration, including all exhibits incorporated by reference
·
· Example: Descriptions of subjected lots and land/lots to be subjected, additional lands,plats and development
plans.
·
· Bylaws for the Association, or similar document governing the internal operation of the association
· Articles of Incorporation for the Association, or similar document, if not an incorporated entity,
· Public Offering Statement or Information Brochure for the project, and
· if applicable, the same documents for any umbrella or master association in which
- owners in the subject association will be or are members, or
- the sub associations will be or are members.
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Statement of Qualifications
A statement regarding the attorney’s qualifications must be similar to the following:
“The undersigned is experienced in the practice of real estate law in (name of jurisdiction and locality in which the project is located) and is familiar with the laws, ordinances, regulations, and other legal requirements that, as of the date of this opinion, were applicable with respect to the establishment and administration of property owners associations within that jurisdiction. Consequently, I am qualified to issue this opinion.”
Actual Opinion
See Section 16-B.02.