FREQUENTLY ASKED QUESTIONS
|Question: WHAT IS A CONDOMINIUM ASSOCIATION?
Answer: 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 governing legal documents: CC&R’s, Bylaws, and Articles of Incorporation. The corporation is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.
Question: HOW DID I BECOME A MEMBER OF THE CONDOMINIUM ASSOCIATION?
Answer: A: Membership begins immediately upon taking the title and ends when you sell your property.
Question: WHAT ARE THE CC&R’S?
Answer: 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
Question: WHAT ARE THE BYLAWS?
Answer: 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.
Question: WHAT IS THE BOARD OF DIRECTORS?
Answer: The Condominium 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 is outlined in the Association governing documents
Question: WHAT DOES THE BOARD OF DIRECTORS DO?
Answer: The powers and duties of the Board include: set & collect annual dues; to use and expend the dues collected to operate, maintain, repair replace, modify, care for, manage and preserve the Common Areas; to procure, maintain & pay premiums for insurance; contract for & discharge management of the Association; amend & add to the Rules and Regulations governing the use of the Common Areas; purchase equipment, etc., etc., etc.
Question: WHO MAKES THE DECISIONS ABOUT ASSOCIATION MATTERS?
Answer: The Board of Directors determines the policies, rules, and regulations involved in the operation of the Association’s business affairs.
Question: WHAT IS MY ASSESSMENT?
Answer: 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
Question: WHO DETERMINED THE ASSESSMENT AMOUNT?
Answer: The Developer sets the assessment amount initially. It is the responsibility of the Board of Directors to annually determine the number of dues each member will pay after “turnover”. Unless otherwise specified in your governing documents, the Board also determines how the dues will be paid – as one annual payment, quarterly payments, or monthly.
Question: WHAT HAPPENS IF I DON’T PAY MY ASSESSMENT?
Answer: 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 generally allow the Association to charge late charges and interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments.
Question: WHAT EXPENSES ARE PAID WITH DUES?
Answer: The Annual Budget of the Association states the expenses anticipated each year. Usually, the expenses provide items such as for insurance, operating and maintenance of streetlights, storm-water ponds, preserves, common areas, and entrances. The funds are not used to maintain any individual home site.
Question: WHAT IS COMMON AREA?
Answer: A: Common area is designated on the Recorded Plat of the community as land and community assets that are not sold to an individual homeowner, but become land or assets owned by the Association.
Question: HOW CAN I HAVE INPUT INTO THE ASSOCIATION MATTERS?
Answer: Any community and/or community association becomes a great community when it’s an active community. Like to garden? Form a garden club… Are you a gourmet cook? Start a dinner club… Play bridge & need a partner?… You get the picture!!
Question: WHAT DOES THE MANAGEMENT COMPANY DO?
Answer: A professional management company is contracted by the Board of Directors to properly maintain the Common Areas and conduct the business affairs of the Association. A management company provides services such 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 advisory capacity. The management company reports directly to the Board and all decisions are made by a majority vote of the Board of Directors. Management services provided depend on individual agreements.