HOA Terms & Questions

Association Manager
  • Advise and provide administrative, managerial, and operational counsel to the association governing body

  • Exhibit professionalism and loyalty to the principal (the Board)

  • Exercise diligence in performing duties on the principals 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 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 controls 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 burden 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 book 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 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

 
PERSPECTIVES OF BOARD, HOMEOWNER, AND MANAGER
Board of Directors Perspective
  • Maintaining the value of the property and a 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
  • All documents that regulate the community life

  • Documents may vary depending on type of Association

    • State law

    • Declaration of Covenants or Master Deed

    • Conditions and Restrictions

    • Bylaws

    • Rules and Regulations

    • Plats of Survey and Easement Agreements (may be separate, often included in the declaration)

 
FREQUENTLY ASKED QUESTIONS

We've compiled a list of some Frequently Asked Questions below. If you can't find the question/answer you are looking for on this page, contact the management company or president for additional help.

 

 

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. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&Rs, 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.

Q: What are the CC&Rs?

A: The Covenants, Conditions and Restrictions (CC&Rs) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&Rs 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&Rs 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.

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. The Bylaws for the association may be viewed online within the Resource Center page of this site.

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 limitations and restrictions of the powers of the Board of Directors is outlined in the Association governing documents found within the Resource Center page of this site.

Q: Are there any other rules?

A: Most associations have developed Rules and Regulations as provided for in the CC&Rs 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 Resource Center page of this site.

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, 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 within 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.

Q: Are Board Meetings open to all residents? If so, where and when are they held?

A: Yes. Notice of the time of any regular board meeting and are typically held on Tuesdays about every 3 months in the Community Center.

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: 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 contact the board president.

Q: What is my assessment?

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. Your assessments are due on the first of the month. Statements will be sent for assessments as a reminder of the amount due.

Q: 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.

Q: Will my assessment go up?

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.

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&Rs 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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