FAQs
Frequently Asked Questions
What is the purpose of a community association?
The primary purpose of a community association is to establish an entity that will preserve, maintain, enhance and protect the value of property and amenities within the boundaries of a specific community. Community associations are commonly established as a non-profit corporation.
What are governing documents?
Governing documents are recorded legal documents which may include Articles of Incorporation, Declaration of Covenants, Conditions, and Restrictions, Bylaws, among others which determine structure of an association and establish obligations and responsibilities of its members and elected officers and directors.
Are governing documents received by each association member?
Copies of governing documents are provided along with closing documents when a purchase transaction is completed. Additional or replacement copies may be obtained from the association for a nominal fee.
What are Deed Restrictions?
Upon acceptance of a deed to property which is subject to conditions, covenants, and restrictions that "run with the land", the owner is responsible for adherence to the provisions set forth in governing documents, which ensure rights of enjoyment and require compliance with specific restrictions.
Is the Association responsible for Member compliance with restrictions?
If an association member fails to comply with any condition, covenant, restriction or rules and regulations, the association Board of Directors is authorized to require remedy or removal. Specific policies and procedures are established to accomplish violation notification, penalties and legal enforcement.
What is common area?
The term common area is generally used to describe all elements within the community that are owned and maintained by the association, and dedicated to shared use and enjoyment of all owners.
What is a Master Association?
Large scale planned communities establish a "Master Association" that is responsible for governing the entire community. Individual neighborhoods within a large planned community may also be governed additionally by a separate Sub Association.
Are architectural modifications or property improvements allowed?
In order to preserve the aesthetic quality of a community, prior approval of any exterior alteration, modification, or addition to individual property is required. Forms and applications for submission of detailed plans and specifications are available upon request.
Who has authority to approve exterior modifications?
The authority to review and approve modifications is generally delegated to an Architectural Review Committee in accordance with the governing documents.
Who controls the association?
Community associations are initially controlled by a Declarant, generally the developer of a specific community, who filed the recorded governing documents.
Individuals are appointed by the Declarant to serve as the association's Board of Directors until stated requirements have been met for transition to owner control and membership election of the Board of Directors.
Who are members of the association?
Most community associations require mandatory membership in the association for every owner of a lot within the boundaries of a specific community.
Who is entitled to vote?
The property owner with legal title to a parcel of property (lot) and verified as an association member in good standing is entitled to vote.
What are assessment fees?
Assessment fees (dues) are fees that are imposed upon individual lots by the association in accordance with the governing documents.
Who determines amount due for assessment fees?
The amount of individual assessment fees is based on income required to cover the expenditures and contingencies required to maintain a sound and prudent financial condition for the association. After comprehensive review and approval of an association annual budget, the Board of Directors will determine if an increase in individual assessment fees will be necessary to accommodate a balanced budget.
Can assessment fees be increased?
Yes, requirements for approval of an increase in fees are set forth in the Declaration. Some Declarations provide that a limited percentage increase may be automatically imposed annually without a vote of the membership.
How do I pay fees due the association?
Association assessment fees (dues) are billed by statement when due and payable. Payment should be made only by check payable to the association or by electronic bank account debit or credit card debit if selective options of payment methods are offered by the association.
Is the association annual budget published?
A copy of the board-approved annual budget is included in individual billing statements.
What does association insurance cover?
Prudent risk management requires adequate insurance coverage for all association property, general liability, and directors and officers protection.
What is an association manager?
An association manager is a company, such as Secure Association Management, that is hired and appointed by the Board of Directors to implement approved policies and procedures and provide effective management and guidance for daily administrative, financial, and operational duties of the association.
Who should be contacted for association inquiry or service?
The association manager is responsible for receipt and response of association inquiries and service requests. Requests requiring attention of the Board of Directors will be referred for consideration.
What is a Resale Certificate?
A Resale Certificate is a disclosure package required by law to be provided by the association upon each transfer of ownership of individual property subject to association membership. Information in the disclosure package, among other items, includes a summary of assessment account status, copies of association governing documents, certificates of association insurance, financial statements, annual budget, and a notice of pending litigation, if any.
What is the role of the President?
The President is the most important role as the leader of the board. The president should encourage the other board members to contribute to association operations. The president should also look to board members for leadership guidance. Challenged by new tasks, board members realize their capabilities, gain a better understanding of association operations and eventually take the place of the president as business and community leader.
What is the role of the Treasurer?
The treasurer is the chief financial officer of the association. The duties of the treasurer include preparing financial reports and understanding budget operations and replacement reserve funds. The president should work closely with the treasurer to confirm that his or her knowledge and understanding of finances is sufficient to maintain association accounts. The budgeting process requires input from the president as well as the board and community manger. Together, the president and treasurer set timelines for completion of each step in the process. It is essential for the president to work closely with the treasurer since the budget is linked so closely to the success of association business.
What is the role of the Vice President?
The vice president substitutes for the presidents in his or her absence. The person in the position also conducts meetings and presides over the board meeting when the president chooses to stand down from the chair. The vice president should be informed about programs, agendas, etc., so that he or she is prepared to chair the meeting in the event of an emergency. Refer to association bylaws for additional duties of the vice president.
What is the role of the Secretary?
The secretary, the “official recorder” of the association’s activities, is responsible for ensuring that board meeting minutes are taken. Other duties include filing documents and attesting to the validity of documents by signing them. The duties of the secretary are outlined in the association’s bylaws as well as in the states not-for-profit corporation laws. At the beginning of the secretary’s term, the president should discuss the specifics of the position and go over a schedule of tasks. One task is to determine when a meeting’s minutes should be distributed to other board members. Timely writing and distribution of minutes remind board members of actions taken on authorized projects.