Q: What is a “management company,” what do they do, and how do I reach them?
A: A management company is not a contractor, but an agent tasked to act on behalf of the volunteer Board of Directors to secure and manage such services as: collection of assessments, supervision of contractors, obtaining bids for contracted services, providing financial statements and collection reports, as well as a general clearing house for problem solving, communications with homeowners and serve as a professional advisor to the Board of Directors. The management agent reports directly to the Board and all decisions are made by a majority vote of the Board of Directors. The management agent may be reached online or by phone through the Property Management page on this website.
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Q: What is a homeowner’s association?
A: It is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. The Board is composed of homeowners at the community who serve on a volunteer basis. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: Bylaws and Articles of Incorporation. The governing legal documents for the association may be viewed online within the HOA Documents page of this site. The corporation is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.
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Q: What are the covenants, or architectural restrictions or CC&R’S?
A: Whether they are called covenants, or architectural rules/restrictions or the Covenants, Conditions and Restrictions (CC&R’s), they all serve the same purpose. These are the governing legal documents that establish the existence, rights and duties of the community as a non-profit corporation. The CC&R’s are recorded by the County recorder’s office of the County in which the property is located and are included in the title to your property. Failure to abide by the CC&R’s may result in a fine to a homeowner by the Association. The governing legal documents for the association may be viewed online within the HOA Documents page of this site.
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A: The Bylaws are the guidelines for the operation of the non-profit corporation. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership’s voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business. The Bylaws for the association may be viewed online within the HOA Documents page of this site.
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Q: What is the Board of Directors?
A: The Homeowner’s Association again is a corporation and therefore a governing body that is required to oversee its business. The Board of Directors is elected by the homeowners, or as otherwise specified in the bylaws. The limitation and restrictions of the powers of the Board of Directors is outlined in the Association governing documents found within the HOA Documents page of this site.
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A: Most associations have developed Rules and Regulations as provided for in the CC&R’s and adopted by the Board of Directors. Rules are established to provide direction to the homeowners for common courtesies with regard to parking, vehicles, pets and pool use hours, etc. In addition, your Association will adopt Architectural Guidelines with procedures for submitting requests to make exterior changes to your home. Such changes may include patio covers, decks, landscaping, exterior color changes or extensive interior changes and additions. These rules and guidelines are set up to maintain the aesthetic value and integrity of the community on behalf of all owners, and hopefully protect the market value of your investment as well. Violations of these rules may result in action by the Board of Directors and a fine. In addition, if you proceed with an exterior improvement or change, without written approval of the Board of Directors, or Architectural Committee, as applicable, you will be required to remove or correct the alteration and/or be fined for the violation. For more information about this topic visit the HOA Documents page of this site.
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Q: If I am having a problem with a neighbor for a violation of the Policies and Guidelines, what can I do?
A: If residents cannot resolve a situation between themselves, there may be recourse through the efforts of your Association. Although we must remember that the Association is not a substitute for a police matter. If the situation is deemed in violation of the Policies and Guidelines, the Board of Directors will institute the enforcement policy. Your continued assistance may be required.
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A: The assessment is the periodic amount due from each homeowner to cover the operating expenses of the common area and provide for reserve funds for replacement of common facilities in future years. The Board of Directors adopts an annual budget (provided to all owners) that actually sets the annual assessment for your home. Your assessments are due on the first of January and June. See Paying Your HOA Dues for more payment information. The Assessments provide the only source of funding for the association and, by law, is not subject to deductions.
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Q: How is the amount of my assessment determined?
A: The Annual Budget is really another means of determining a plan of operations for the Association in the coming year. It is set with specific guidelines for trash collection, landscaping, administration, etc. Reserve funds are monies set aside for future expenses due to the life expectancy of certain items. The total amount is then divided amongst the owners using any formulas stipulated in the Declaration and Bylaws.
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A: There can be good reasons for it to go up, but it’s in everyone’s best interest to operate your community as efficiently as possible so positive efforts to avoid this are always made. As a matter of fact, there is little room for discretionary funds in a community budget (you always have to pick up the trash, cut the grass, etc.), so changes can usually be foreseen. As owners, the Board members are also subject to the same assessments.
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Q: What happens if I don’t pay my assessment?
A: The maintenance and management services incurred by the Association are dependent upon timely receipt of the assessments due from each homeowner. Late payments will result in a late charge as assessments are due. In addition, the CC&R’s allows the Association to charge late fees and interest and proceed with trash suspension, a lien on your property, or foreclosure proceeding for nonpayment of assessments.
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