HOA Frequently Asked Questions
What is a Homeowners Association?
Homeowners Associations (HOA’s) are organizations which deal with the upkeep of a property's common areas and establish standards for a community.
What are the CC&R'S?
The Covenants, Conditions and Restrictions (CC&R's), also known as the Declaration and Bylaws, are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. Prospective purchasers should receive a complete set to review before taking title to a new property.
The governing legal documents for the association may be viewed online under your association’s heading if the Association has subscribed to our online service.
What types of things can Homeowners Association regulate?
An HOA's exact responsibilities and powers can be determined by consulting its governing documents, such as the Articles of Incorporation, Covenants, Conditions and Restrictions (CC&Rs) and Bylaws.
Its authority may cover parameters like the maintenance, upkeep and standards that owners are expected to abide by as members of the HOA. Part of owning in the community typically includes agreeing to keep a home, its lawn and surrounding property to certain standards. Rules may limit construction, so residents likely need permission if they wish to install or build anything additional on or around the property. Standards may also apply to driveways, landscaping and other aspects of a property.
What does the HOA Management Company do?
Your Management Company is contracted by the HOA Board of Directors to provide Management Services. These services include, but are not limited to, the collection of assessments, obtain bids for subcontracted services and ensuring the HOA’s insurance is renewed on schedule. In addition, the Management Company will provide financial statements, collection reports, and support in an advisory capacity to both the Board of Directors and Owners.
The management company reports directly to the Board and decisions are made by a majority vote of the Board of Directors.
What is the Board of Directors?
The Homeowner's Association is incorporated and requires a governing body 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.
Depending on the size of the community and how extensive a role the board takes, a board may organize committees and appoint members. The board should have officers, with the most common roles being president, vice president, secretary, and treasurer.
Are Board Meetings open to all residents?
Yes, except on the occasion when the Board goes into executive session.
What is my assessment?
The assessment is the periodic amount due from each homeowner to cover the operating expenses of the common area, hazard insurance, and provide for reserve funds for replacement of common facilities in future years. Typically, your assessments are due at the beginning of each month and statements are sent monthly.
How is the amount of my assessment determined?
A 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, pool, hot tub fencing, landscaping etc. Budgets are developed by the Management Company and approved by the Board of Directors, ratified by the homeowners (in some cases), and then re-submitted to the management company to follow. The assessments are adjusted periodically if necessary, to meet anticipated expenses.
What happens if I don't pay my assessment?
The maintenance and management services incurred by the Association are dependent upon timely receipt of the assessments due from each homeowner. If payments are late, the CC&R's allow the Association to charge late fees, interest and if seriously delinquent, Homeowner Associations are allowed, by state law, to place a lien on your property, and subsequently, foreclosure on that lien thus taking ownership of the property.