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Frequently Asked Questions –


How to communicate
the answers effectively

 

Many times the management company and/or the Board of Directors of a community association are asked the same questions from the membership.  An easy way to remedy this situation is to prepare a Frequently Asked Questions (FAQ's) document that can be mailed out to new members or posted on the association website.  This document can be updated on a periodic basis with new questions or revised answers.  This can assist everyone.  Here are some of the most frequently asked questions that Association Managers receive from the membership.  (Following are sample questions)

WHAT IS A HOMEOWNERS ASSOCIATION?

The Association is a legal corporation organized and incorporate under the laws of the state of ____________________.  The Association has Articles of Incorporation that entitle the association to exercise powers of a corporation.    Membership in the association is mandatory and automatic for all owners.  The deed to each lot and/or parcel specifically designates that the property owner will comply with the Covenants, Conditions, and Restrictions of the association.

WHAT ARE OPEN RECORDS FOR MEMBERS?

Records and reports of the association are available to the members based upon law established under the State of _________________.  For specific information on what is available to you as a member, please contact the management company.

WHAT EMPOWERMENT DOES THE BOARD OF DIRECTORS HAVE?

Pursuant to the Bylaws, includes but is not limited to filling a vacancy on the Board of Directors, establishing rules and regulations for the association, setting the Annual Assessment rate, contracting for services of the association, enforcing the CC&R's

Pursuant to the CC&R's, includes but is not limited to establishing an architectural review committee, adopting Design Guidelines, granting variances to the CC&R's, collecting assessments, interpretation of the wording in all governing documents

WHAT EMPOWERMENT DOES THE MEMBERSHIP HAVE?

Pursuant to the Bylaws, includes but is not limited to election of the Board of Directors, removal a member of the Board of Directors, call for a special meeting of the members pursuant to the bylaws.

Pursuant to the CC&R's, includes but is not limited to voting on increasing the maximum annual assessment, voting on changing the use of the common areas, voting on terminating or amending the CC&R's.

HOW IS THE BOARD OF DIRECTORS ELECTED?

The members of the association vote to elect the Board of Directors (unless the association is still under declarant control).  Each association has specific bylaws outlining the process for board elections.  Generally speaking, the board elections take place on an annual basis either prior to (in the case of absentee ballots) or at the annual meeting of the members (proxies and ballots).

WHAT ARE ASSOCIATION COMMITTEES?

In general, each association will have mandatory committees (e.g. architectural review committee and/or nominating committee).  An Association may also have standing committees (e.g. finance, landscape, newsletter).  There may also be ad-hoc committees, temporarily created for specific one-time items (e.g. selection of a refuse provider).  Members of committees are appointed and removed by the Board of Directors.  The primary function of the committee is to render a recommendation to the Board on the subject matter of their committee.  This recommendation, once delivered to the Board of Directors, is then approved/rejected by the Board.

SOLICITORS

The Association governing documents do not provide any authority for the association to regulate solicitors within the community.  Each individual property owner has the right to restrict access to their own property.

RULES ENFORCEMENT

The Community Association has established fines for specific rules enforcement of the CC&R's.  If you do not have a copy of the fine system, please contact the management company.

BOARD OF DIRECTORS

The monthly meeting of the Board of Directors is held the first ________________ of each month at ______ (time), and at ______________________ (location).

ANNUAL MEETING

The annual meeting of the membership is held in __________________ of each year.  The Board of Directors will decide on the date, time, and location of the annual meeting.  Notice for the annual meeting is mailed to each member no later than 15 days in advance of the meeting.

ARCHITECTURAL SUBMITTALS/CONTROLS

All changes to the exterior portion of your home require prior architectural approval.  To see what is required for your submittal, please reference the Design Guidelines.  The guidelines and the CC&R's do specify that additions or changes to the exterior of your property, whether visible or not, must be submitted prior to any work beginning.  This would include common projects, such as, but not limited to, pool/spa installation, landscaping front and rear yard, security doors, painting.  A copy of the Design Guidelines and submittal form can be obtained through the management company.

STREET PARKING

The Covenants, Conditions, and Restrictions (CC&Rs) specifically regulate the parking of vehicles within the community.  On-street parking, except in spaces so designated, is not permitted within the community association.

PROHIBITED VEHICLES

The parking of motorhomes, trailers, boats, recreational vehicles, or tractor trailers within the community or outside garages, is specifically prohibited.  Parking of abandoned or inoperable vehicles is not permitted on any residential lot, or outside of private enclosed garages.

TRASH/RECYCLING SERVICE

No trash/recycling containers shall be visible from the street on non-pick-up days; 

Once the trash provider has picked up the trash/recycling, the containers must be relocated to the garage or the rear yard as soon as practical on trash/recycling service day.

PROPERTY APPEARANCE/MAINTENANCE

It is the responsibility of each resident to maintain the appearance of his/her property.  The CC&Rs require that lots with homes thereon be consistently maintained in a neat and attractive condition.

Assessments paid to the community association do not provide any owner with lot or parcel maintenance.  The Community Association contracts with an independent landscape company to maintain association common areas. 

ANIMAL COURTESY

Dogs need exercise (it's good for people too), but it is a violation of CC&Rs for pet owners to allow their dogs to relieve themselves in common areas or on the property of others.

ASSOCIATION ASSESSMENTS

The Association collects assessments from each lot or parcel owner.  Assessments are due on __________________________ during the calendar year.  Assessments are considered past due if not paid within 15 days of the due date.  Late fees and interest may be imposed.  The Board of Directors sets the annual assessment for the upcoming year and announces the assessment rate to the members in the month of_______________.  For a description of association expenses related to the assessments, reference the current budget.

SPEED LIMITS

Speed limits are enforced by our local policing authority.  The Community Association is not authorized to determine and/or control the speed limits on our public streets.

PARK RULES AND REGULATIONS

The association has established rules and regulations governing the use of the association parks and trails.  To request a copy of those rules, please contact the management company.

GARAGE SALES

The Community Association holds an annual yard/garage sale in the month of __________________.  Once a specific date and time are determined, members are notified.

We hope these samples, which are easily amended to fit your own association needs, will be helpful.  Efficient yet effective communication in a growing neighborhood is a key to harmonious association living.  Give these ideas a try!

Association Times' Staff Writer

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