...Law § 1.05(b)(1) at 14 (2d ed. 1988). Because a condominium owner owns his or her unit with an undivided interest in the common elements, condominiums are referred to as "common-interest communities." The Restatement defines...common-interest communities as those communities "in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners association that provides services or facilities to the community." Restatement (Third...).] The Restatement explains that property owners in a common-interest community have "implied powers," meaning "all the powers reasonably necessary for management of the common property...

....3d at 7 (applying § 6.2 of the Restatement to determine whether, under the Act, a common interest community existed by implication and could assess fees). See, e.g., Restatement § 6.2 cmt. a ("Most common-interest communities have...Act). We also find it instructive that the definition of "common interest community" in the Restatement does not require the existence of common property. The Restatement also uses...in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities" and "it is the policy of...

...the portions of the Restatement Playa de Serrano cites are directed to the use and maintenance of common areas in common interest communities. See Restatement § 6.4 cmt. a. Section 6.7(3) of the...Restatement, on the other hand, states that a common interest association does not have inherent authority to restrict occupancy of its lots, providing...: Absent specific authorization in the declaration, the common-interest community does not have the power to adopt rules, other than those [designed to protect the common property], that restrict the use...

...addressed the issue of uniform application of amendments pertaining to common-interest communities, the Restatement of the Law of Servitudes is instructive. Section 6.10 of the Restatement reads in part...properties. Id. at 366-7. In support of its holding, the Court focused on the intrinsic nature of common-interest communities and their reliance...Montoya v. Barreras, 473 P.2d 363 (N.M. 1970), found the removal of residential restrictions on one lot only within a common-interest community was improper. The Court opined that since...

...homeowner associations"). Respondent, however, argues that the implied power to mandate assessments can only be imputed to "common interest communities," which both CCIOA and the Restatement define...Covenants , Implied Powers of Homeowners Association , Common Interest Communities In 1995, a majority of the members of the Evergreen Highlands...approach taken by many other states as well as the Restatement of Property, which provides that "the power to raise funds reasonably necessary to carry out the functions of a common interest community...

...premiums, maintenance, or improvement of other real estate described in a declaration." § 38–33.3–103(8). This assessment obligation is a necessary attribute of a common interest community. See Restatement (Third) of Property: Servitudes § 6.2(1) (2000) (defining common interest communities as...owners. The Restatement (Third) of Property: Servitudes, recognizes that, "[a]lthough rare, there are common-interest communities in which no association has been formally organized." § 6.2 cmt. c. The Restatement further... ¶ 9 CCIOA establishes a "clear, comprehensive, and uniform framework for the creation and operation of common interest communities." § 38–33.3–102(1)(a), C.R.S.2014. It defines common...

...little treatment by the appellate courts of this state. We begin, therefore, with an overview of the development of common interest community jurisprudence. A Background "Although common-interest communities date back into the 19th century, they have become a widely available form of housing only since the 1960s." 2 Restatement (Third...notes, the proper application of the reasonableness standard must "protect the collective decisionmaking processes of common-interest communities from second-guessing by the judiciary . . . ." 2 Restatement (Third...protect the legitimate expectations of members of common-interest communities." 2 Restatement (Third), Property, Servitudes § 6.13, comment (a), p. 234 (2000); see also Nahrstedt v. Lakeside...

.... 2000)). "Most common-interest communities are created by a declaration, which not only imposes the servitudes, but also provides automatic and mandatory membership in an association of property owners." Restatement (Third...(App. Div. 2016)). Common interest communities, such as Iron Gate at Galloway, are "distinguishable from any other form.... Owners Ass'n, 337 N.J.Super. 293, 311 (App. Div. 2001). The Restatement (Third) of Property: Servitudes defines a common interest community as...

...(THIRD) OF PROPERTY: COMMON-INTEREST COMMUNITIES § 6.19 explains: When a common-interest community is created, a vehicle for managing the common property and servitude...create an association, this section reflects widespread development practice and follows modern common-interest-community statutes. Section 6.19, cmt. a...facilities lease unconscionable under Section 718.122, Florida Statutes, and common law; (2) sustain the appellee's objection to claims sixteen, nineteen, twenty, and twenty-one; and (3) disallow the...

...explicitly sets forth the standard for creating a common law common-interest community. However, as the trial court noted, section 6 of the Restatement (Third) of Property: Servitudes provides a useful and persuasive overview of the general common law principles applicable to common-interest communities. ¶ 30...(Third) of Prop.: Servitudes § 6.1 cmt. a ("Common-interest communities are usually created by a declaration of servitudes that, at a minimum, imposes use restrictions and assessment obligations and provides for creation of an association."); Restatement (Third..., but fails to include a mechanism for providing the funds necessary to carry out its functions. When such an implied obligation is established, the lots are a common-interest community within the meaning of this Chapter. Id. (quoting Restatement (Third) of Prop.: Servitudes § 6.2 cmt. a). ¶ 40 In Evergreen Highlands, then, the supreme court answered two questions. First, it decided whether common-interest communities have...

...). Developers of subdivisions and other common interest communities establish and maintain the character of a community, in part, by recording a declaration listing multiple covenants to which all...affirmative duties on landowners, such as an obligation to pay annual or special assessments for the upkeep of common areas and amenities in a common interest community. Because...future). This is especially true for luxury communities in which residents enjoy multiple common areas, private roads, gates, and other amenities, many of which are staffed and maintained by third parties...

..., rely on servitudes for their creation. See Restatement (Third) of Prop. (Servitudes), ch. 6, intro. note (recognizing that "[s]ervitudes underlie all common-interest communities, regardless of the ownership and organizational forms used"). This includes "general plan developments," defined by the Restatement as...collectively to the three particular forms of common interest community: condominiums, cooperatives, and planned communities." Id. Because the terms condominium and cooperative are precisely defined, a...owners to effectively manage the association, and ... help to encourage the marketability of common interest communities created under early condominium statutes, or under common law." Id...

..., intro. note (recognizing that "[s]ervitudes underlie all common-interest communities, regardless of the ownership and organizational forms used"). This includes "general plan developments," defined by the Restatement as.... 27A V.S.A. § 1–103, cmt. 8. This term is "used through the [UCIOA] to refer collectively to the three particular forms of common interest community: condominiums, cooperatives, and planned communities...aims to "measurably increase the ability of the unit owners to effectively manage the association, and ... help to encourage the marketability of common interest communities created under early...

...'"). Modern declarations have moved away from these types of "`drop dead' provisions" because of the problems that termination can create with common-interest communities. See Restatement (Third.... He focuses on the introductory phrase in the second sentence "At the expiration of twenty-five (25) years" and the subsequent phrase "from and after said date." Hawkins contends that the common...Restatement (Third) of Property (Servitudes) § 7.2 (2000) (servitude "terminates when it expires by its terms"). Here the plain language of the declaration similarly states that the restrictions were...

...underlie all common-interest communities, regardless of the ownership and organizational forms used"). This includes "general plan developments," defined by the Restatement as a "real-estate development or...particular forms of common interest community: condominiums, cooperatives, and planned communities." Id. Because the terms condominium and cooperative are precisely defined, a planned...encourage the marketability of common interest communities created under early condominium statutes or under common law." Id. ¶ 8. Presumably because the VCIOA encompasses...

...developing body of law known as "community association law," governing common-interest communities and their associations. For a discussion of this body of law, see Restatement of the Law (Third) of...those writings that remark upon the Uniform Common Interest Ownership Act (UCIOA). In the UCIOA, "master planned community" is the term employed for developments of more than 500 acres, with at least 500...common element interest to purchasers," but not later than three years after the declaration is recorded or ten years in the case of an expandable condominium...

...waiver is set forth in Restatement (Third) of Property: Servitudes, § 8.3, cmt. f at 502 (2000), which explains that doing so "is particularly important in common-interest communities and other real...the same restrictions as their land, when the purpose of the covenants is to maintain a common scheme of development, as is the case with these covenants, and in particular, with covenant 8...made this proposal in the belief that the court has a "parens patriae or * * * some general supervisory authority over children who come [into court] and have an interest in the outcome of the...