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How Communities Work
Educating Yourself Goes a Long Way
Are you discovering the benefits and responsibilities of living in your community?
Understanding how your community works certainly provides the necessary clarity for homeowners. Thus enhancing their daily living experience.
Discover who is who, the different perspectives, governing documents, and accounting basics. Click on the topic below to learn more.
Association Manager
- Advise and provide administrative, managerial, and operational counsel to the association’s governing body.
- Exhibit professionalism and loyalty to the principal (the Board)
- Exercise diligence in performing duties on the principal’s behalf
- Account for financial activities covered by the Management Agreement
- Perform onsite property inspections
- Solicit and evaluate bids for association services
- Supervise maintenance activities and contractor performance
- Oversee and authorize payment for primary association services
- Know and abide by Bylaws, recognizing the State agency that supervises the community associations
The Board of Directors
Depending on the management agreement, some of the following responsibilities can be turned over to a managing company.
President
- Chief executive officer and leader of the association
- Presides at all meetings of the board and membership
- Executes legal documents on behalf of the association
- Sets meeting agendas and control all meetings
- Represents the board before the residents
- May have nominating, if not appointment, responsibility for all committees
Vice President
- Performs all of the duties of the president in his/her absence
- Typically shares some of the burdens of the president regarding appearances, liaison, public hearings, etc.
- Usually assigned liaison responsibility to specific staff or contractors, and to specific committees
Secretary
- Prepares and distributes Board and membership meeting agendas, minutes, and materials referred to in minutes
- Maintains minutes and books on all meetings
- Maintains book of resolutions
- Maintains all official records, including official correspondence, contracts, membership roster, etc.
- Receives, verifies, and maintains all proxies
- Attests, by signature, to the legitimacy of certain documents
Treasurer
- Works with appropriate staff, contractors, and committees to develop and submit the annual operating budget for approval
- Maintains adequate records of all association financial transactions
- Maintains roster of disbursement of funds, as authorized
- Prepares period financial reports
- Arranges, subject to board approval, an independent audit of financial affairs
Board of Directors Perspective
- Maintaining the value of the property and good quality of life for the residential community
- Governing smoothly
- Enforces rules
- Establishing and keeping budget
Homeowners Perspective
- Most care a great deal about residences
- Will want service from manager and decisions from Board that will provide a good quality of life
- Problems may arise when expectations are too high or not realistic; this can occur when interests are too specialized or unique
Managers Perspective
- Working in balance with homeowners, board, and realities of management companies business (possible friction)
- Problem-solver
- Multi-task oriented
Governing documents regulate the community life. Documents may vary depending on the type of Association (condo, townhome, etc.)
Basic Condominium/Townhome Legal Documents
State Enabling Statute – permits the creation of condominium/townhome form of ownership and prescribes the basis of determining ownership interest, rights and obligations of the owners, duties, and powers of the association, and the process of dissolution of the condominium
Subdivision of Condominium/Townhome Plat – describes the location and nature of the common elements and the units
Condominium Declaration or Master Deed – defines the units, common and limited common elements, and is the collection of covenants imposed on the property to provide for:
- The basis for allocation of percentage ownership interest
- The obligation of each owner to share in funding the cost of association operations
- The power, authority, and responsibility of the association in its operations and in making and enforcing rules
Individual Unit Deeds – comprises the individual unit deed
Articles of Incorporation – creates the association as a corporation under state corporate statute and defines its membership and sets forth the process for creating the board of directors, voting procedures, etc.
Bylaws – implements, in specific detail, the provisions of the Declaration and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making, and enforcement process
Rules and Regulations – sets forth the operational powers or provisions and the use restrictions adopted by the association
Legal Docs for Homeowner Associations and the Hierarchy of such Documents
Subdivision Plat – describes the location and nature of the common property and the individual lots
Property Deeds – comprise the individual lot deeds and the deeds to common property which give a legal description of the property
The Declaration of Covenants, Conditions, and Restrictions – the declaration of CC&R’s is the collection of covenants imposed on all property within the development and provides:
- For automatic association membership of all owners and the basis for voting rights
- The obligation of each owner to share in funding the cost of association operations
- Certain restrictions (architectural control and other rules) on the use of the property and the association’s enforcement powers
- Sets forth the power and authority of the association to own and maintain the common property and to make and enforce rules
Articles of Incorporation – creates the association as a legal entity under state corporate statute; defines the board powers and responsibilities of the association and its membership; and, sets forth the process for creating the board of directors, voting system, etc.
Bylaws – implements, in specific detail, the provisions of the CC&R’s and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making, and enforcement process
Rules and Regulations – sets forth the operational powers or provisions and the use restrictions adopted by the association
Applicable Civil Rights Laws
Prohibition against racial discrimination as stated by the Civil Rights Act of 1866
Equal Credit Opportunity
Fair Housing Amendments Acts, 1988, applies to the sale of the residence
Does not prohibit discrimination by owners, if selling or renting as long as they own 3 or fewer homes
Board is prohibited from discrimination in exercising its 1st right of refusal
Association must abide by laws prohibiting discrimination against families with kids
Persons with disabilities (at their own expense) must be allowed to make accommodations per the Americans with Disabilities Act, 1993
Cash Method of Account – income, and expenses are only recorded when cash changes hands. Financial reports only reflect cash transactions. This is a relatively simple system for simple situations. Because all obligations are not recorded until cash changes hands, this method does not provide an accurate portrayal of the financial condition of the association at any given time.
Accrual Method of Accounting – keeps track of all financial activities, including revenue as it is earned (as opposed to when it is received) and expenses as the obligation is incurred (as opposed to when it is paid). This makes possible a more accurate determination of the financial condition of the association at any point in time. Also, this is a better method for multi-year tracking of capital reserves credits and deficiencies. The primary disadvantage is the greater complexity and technical knowledge that is needed to maintain the records, understand the reports, etc.
Capital Reserves – the Board has the obligation to repair and replace major capital facilities, buildings, and equipment of the association. The ideal method of providing for these future expenses is the establishment of a capital reserves system and budget to assure that such funds are available when needed. With the knowledge that the future holds predictable major expenditures for repair and replacement of facilities and equipment, the association could begin the gradual accumulation of funds through a reserve account to meet all or a portion of that expense when it comes due.
Frequent Questions
We're All Discovering Community
Are you a first-time homeowner or maybe renting a property?
We believe that educating yourself can only be accomplished by asking the right questions.
Please view some common questions that we have received after serving thousands of residents.
What is a "management company," what do they do, and how do I reach them?
A: A management company is contracted by the Board of Directors to provide such services as: Collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports, as well as a general clearinghouse for problem-solving, communications with homeowners and the Board of Directors and to serve in an advisor capacity. The management company reports directly to the Board and all decisions are made by a majority vote of the Board of Directors. The management company may be reached online through the Management Office page on this website or by phone from the numbers listed.
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. 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, Bylaws, and Articles of Incorporation. The governing legal documents for the association may be viewed online within the Resource Center page of this site. The corporation is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.
A: The Covenants, Conditions, and Restrictions (CC&R’s) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&R’s 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 may result in a fine to a homeowner by the Association. The governing legal documents for the association may be viewed online within the Resource Center page of this site.
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 Resource Center page of this site.
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 are outlined in the Association governing documents found within the Resource Center page of this site.
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 courtesy 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 the 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 Resource Center page of this site.
A: 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 Covenant Violation form online. The Violation form may be found on the Management Office page on this site. 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.
Are Board Meetings open to all residents? If so, where and when are they held?
A: Yes. Notice of the time and place of any regular board meeting will be noted in the community newsletter or accessed online on the Calendar page.
A: The Contact Us page of this 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 Management Office page of this site.
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 the replacement of common facilities in future years. Your assessments are due on the first of the month. Statements will be sent for assessments as a reminder of the amount due.
How is the amount of my assessment determined?
A: The Department of Real Estate typically requires an initial 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 built in a given phase of the development. Subsequent budgets are developed by the Board of Directors and adjusted periodically to meet anticipated expenses.
A: There is no concrete answer to this. Typically the Civil Code provides for annual increases, but not to exceed 20 percent per year without the vote of the membership. The Board of Directors may approve an increased budget, increasing your assessment up to this percentage in order to cover increased costs of operating and maintaining the common area and sufficient reserve funds.
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 allows the Association to charge late charges and interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments.
A: No. The Collection Fee for delinquent members is charged to a member by the Association because our management company charges the Association an administrative fee for their services related to the preparation, mailing, and tracking of the statutory demand letter from the Association. The Association does not receive any “profit” from this charge. If you believe that the management company made an error, you must resolve this with them.
Where can I get a copy of the Association Documents?
A: Please visit the “Resource Center” menu link above (if you are a member of the Association) by clicking the menu and then looking in the Governing Documents folder to be able to view, print, or download the document(s) you desire. Otherwise, contact United Community Management for assistance (look under the Contact Us menu above).
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