Shared land valuations would consider its use and physical features

Shared land would be valued using its highest and best use, while considering its physical features. These rules would cover association shared land taken or damaged through eminent domain, the legal power to take private property. The valuation would disregard the restriction that the land be used only as a shared area. Any payment would go to the association, which would be a party with a legal interest in the taking case. The valuation would consider the land’s physical features at the time it is acquired.

Association boards could negotiate payment and transfer shared land to the authority taking it without starting a court case. This authority would cover the association’s shared land being acquired by an authority using its legal power to take property. The association’s governing document or rules adopted under it could limit this authority. After an agreement, the association president could sign and record the deed transferring the land acting alone.

Members would be barred from using their association membership as the basis for contesting the association’s action. The restriction would apply in proceedings under these rules for taking or damaging association shared land.