A: A community association is a group of owners, which has three defining characteristics: mandatory membership; mutually binding governing documents; and, lien-based assessments. Community associations can be condominiums, cooperatives or planned communities (also known as homeowner associations). Community associations are governed and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&R's, Declaration, Bylaws, Plats, Resolutions and Articles of Incorporation, if applicable. The association is financially supported by all members of the community association. Membership is both automatic and mandatory.
Q: What are the CC&R'S or Governing Documents?
A: The Covenants, Conditions and Restrictions (CC&R's) or Governing Documents (Declaration, Bylaws, Plats, Board Resolution, Proprietary Lease (applies only to cooperatives) and Articles if Incorporation (if incorporated) are the governing legal documents that set up the guidelines for the operation of the community association. Generally, planned communities have CC&R's and condominium and cooperatives have the applicable Governing Documents. Depending on the State, not all community associations have to be incorporated. The CC&R's or Declaration, Bylaws, Plats and Articles of Incorporation were 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 or Governing Documents may result in a special charge to a homeowner by the Association.
Q: What are the Bylaws?
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.
Q: Are there any other rules?
A: Most associations have developed Rules and Regulations as provided for in the CC&R's or Bylaws and are adopted by the Board of Directors. Normally, they are adopted in the form of a Resolution. Rules are established to provide direction to the homeowners for common courtesies with regard to parking, vehicles 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.
Q: If I am having a problem with a neighbor for a violation of the Policies and Guidelines, what can I do?
The first step for resolving a problem with a neighbor is to politely talk with the neighbor and let him or her know about the problem. In many cases the neighbor does not know that there is a policy that he or she is violating. If residents cannot resolve a situation between themselves, then turn to your Association. Should you have a situation that does not appear to be resolved through neighborly means, and you are willing to actively participate in the enforcement provided by the Policies and Guidelines, you may complete a violation report form and forward it to our association’s manager. 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.
Q: If I want to serve on a committee, how do I find out what committees are active and how I can get involved?
A: Contact your association's website or the on-site manager. The Important Numbers page of the association's website will inform you of the status of current committees organized and committee contact information. If you are interested in volunteering, please contact the committee chair or fill out the online volunteer form found on the OfficeLink page of this site.
Q: What is my assessment?
A:The assessment is the annual 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. Depending on your association, annual assessments are divided and paid monthly or quarterly. Your assessments are due on the first day of the month. Payment coupons are sent to each unit owner after the annual budget is approved, unless you pay by direct debit. Payments not received by the late day will incur a late fee.
Q: How is the amount of my assessment determined?
A:The Department of Real Estate typically requires a budget from the developer for each community that a developer proposes to build. This budget is set upon specific guidelines for utilities, landscaping, administration, etc. Reserve funds are monies set aside for future expenses due to the life expectancy of certain items: lighting, street resurfacing, pool equipment, etc. These amounts are then divided by the number of units or on a percentage basis or par value basis, depending on the requirements set forth in the governing documents or CC&R's. . Subsequent budgets are developed and approved by the Board of Directors.
Q: Will my assessment go up?
A:There is no concrete answer to this. The Board of Directors may approve an increased budget, increasing your assessment in order to cover increased costs of operating and maintaining the common area and sufficient reserve funds.
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 on the first of the month. In addition, the CC&R's or Bylaws allows the Association to charge late charges and interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments.
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