Q: What is a Homeowner's Association (HOA)?
A: A Homeowner’s Association, or HOA, is a non-profit corporation comprised of members (homeowners) within a community. Other terms used synonymously with HOA are Community Association, Common Interest Development (CID), and Planned Unit Development. The HOA is created by the developer at the same time that the community is approved at Planning and Zoning. It is registered with the State and managed by a Board of Directors, who are also members of the association. The purpose of the HOA is to maintain all of the common areas of the community, and govern the community according to the provisions in the association’s legal documents. The documents include the CC&R's, Bylaws, and Articles of Incorporation. The Board of Directors may also put into place rules and regulations to help facilitate the operations of the association and the enforcement of the documents. These rules are often times more restrictive than city ordinances or state laws. You can find all of your association’s documents on your community website. The association is supported financially by all of its members through assessments.
Q: What is the Board of Directors?
A: The Board of Directors is the governing body which oversees the business of the Homeowner's Association. Directors are volunteer positions and are elected by the members or homeowners, or as otherwise outlined by the bylaws. The powers granted to the Board of Directors are outlined in the Association governing documents.
Q: What is an assessment?
A: An assessment is the amount due to the HOA from each homeowner to cover the expenses related to the maintenance of the common areas in the community, and provide for reserve funds for long term replacement of common facilities in the future. Your periodic assessments are either due on the first day of the month, or first day of the quarter, depending on your particular association. You will receive a statement or a coupon book as a reminder of the amount and date due.
Q: Will my assessment ever increase?
A: Although there is no absolute answer to this question, most likely your assessment will increase over time, similar to the way in which the cost of living or inflation increases over time. Typically the association’s documents provide for limits to annual increases, and these increases are voted upon by the Board of Directors. The Board of Directors may approve an increased budget, increasing your assessment in order to cover the increased costs of operating and maintaining the common area and sufficient reserve fund levels.
Q: How is the amount of my assessment determined?
A: The initial budget is created by the developer of each community that is built. This budget is established by guidelines for the cost of utilities, landscaping maintenance, administration, etc. Additionally, reserve funds for money which is saved for future expenses due to the life expectancy of certain items such as walls, landscape, lighting, pool or fountain repairs, etc. are set aside. These amounts are then added together and divided by the number of homes in the association to develop a budget. Subsequent budgets are adopted by the Board of Directors and adjusted from time to time to cover anticipated expenses.
Q: What will happen if I do not pay my assessments?
A: The Association depends upon receiving your assessments on time. Late payments will result in a late charge being assessed. In addition, the Association may charge interest, place a lien on your property, file lawsuit or foreclose on your home for nonpayment of assessments. If you loose your home to foreclosure, you are still personally liable for any unpaid assessments, and the Association may file lawsuit on you personally which could result in a personal judgment being placed on your assets or future earnings.
Q: What are the CC&R'S?
A: The Covenants, Conditions and Restrictions (CC&R's) are the governing legal documents of the community, and are the guidelines for the operation of the Association. The CC&R's were recorded by the County recorder's office of the County in which the community is located. Every homeowner received the CC&R’s as they are included in the title to your property. Failure to comply with the CC&R's may result in a fine 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 responsibilities of the different offices and terms of the Board of Directors, the voting rights of the members, required meetings and how notices of the meetings have to be made, as well as outlining other procedures needed to run the Association as a business.
Q: Are there any other rules?
A: Most associations develop Rules and Regulations which are adopted by the Board of Directors. Rules are established to further specify the Board’s position on the rules outlined in the CC&R’s. They cover common issues such as parking, pets, pool use hours, etc. In addition, your Association has adopted Architectural Guidelines with procedures for submitting requests to make exterior changes, such as landscaping, patios, exterior color changes and additions to your home. These rules and guidelines are set up to ensure that the home values within your community are protected, and so your community stays beautiful. Violations of these rules may result in action by the Board of Directors including a fine being imposed. 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 problems with a neighbor for violating the Policies and Guidelines of the Association, what can I do?
A: If the situations cannot be resolved between neighbors, you can turn to your Association for assistance. We can assist you in trying to resolve the issue with your neighbor. Just give us a call to see how we can help.
Q: When and where are the Board Meetings held, and can I attend?
A: Yes. Your Board of Directors is required to notice every member of the Board of Directors meetings. Every association handles the noticing of meetings differently, but all meetings for your Association will be noticed on your Association’s Web Page. As a member of the association, you are highly encouraged to participate!
