|
About
Community Associations
(Home Owner Associations)
Community
Associations
What are they?
When you move into a community association, condominium or other
form of common interest development you automatically become a
member of the association.
HOW DOES THIS HAPPEN?
When you take ownership, your deed to the property has
"Deed Restrictions" including "Declarations of
Covenants, Conditions and Restrictions," better known as
the CC&R's.
These CC&R's require every
owner of the property to be a member of the community
association and abide by the associations documents. Such
documents consist not only of the CC&R's, but also the
articles of incorporation (if the association is incorporated),
by-laws, rules and regulations and the architectural or design
guidelines established by the association.
Always read the documents
before you sign.
WHAT IS THE PURPOSE OF THE
ASSOCIATION?
The purpose of the association is to protect the health, safety
and welfare of the community and it's members. In other words,
to maintain or increase property values of it's members and to
protect the assets of the association. The association, through
it's board, is responsible for enforcement of the "Deed
Restrictions" which include the association documents.
WHO IS THE BOARD?
The board are the directors of the association elected annually
by it's members. Therefore, members of the association
can control how the association operates by electing those
individuals to the board who have their same interests on how
the community is to be maintained.
WHAT CAN I OR CAN'T I DO TO MY
PROPERTY?
First and foremost you need to read the association documents.
Even if it appears to be a tedious boring task, it is critical
to do so. Although the CC&R's are the foundation in which
the association operates, the architectural and design
guidelines usually control the esthetics of the community and
what you can or cannot do to your home or lot.
Before you can change anything on
the exterior of your home or lot you must (in almost all cases)
submit your plans and/or specifications for architectural
approval prior to making changes. This includes changing the
paint color on your home.
Although slightly more restrictive,
this is equivalent to submitting plans to a city for a
"building permit." Usually this is the most
controversial subject when living in a community.
When you purchase a home or lot
within a community association you should expect that the
esthetics of the community would stay the same or improve. You
would not expect it to deteriorate and cause a lose of value to
the community as a whole.
In order to live in this type of
community there needs to be a sense of cooperation among all the
members of the community.
This first step starts with you.
WHAT CAN I DO TO HAVE MY VOICE
HEARD?
GET INVOLVED.
- Attend regular board meetings
- Present positive ideas to the
board or management
- Volunteer for a committee
- Help research information for
the board or management
- Present solutions rather than
criticisms regarding rules and regulations or other subjects
which the board may want to implement
- Volunteer to run for a board of
directors position
WHAT POWER DOES THE MANAGEMENT HAVE?
The management reports directly to the board and
administers the affairs of the association at the boards
direction. It has no separate power over the members and cannot
make its own rules or regulations.
However, cooperation with
management can go a long way. Who is better suited to present
ideas to the board, or provide you with the best avenue to get a
change to your lot approved than the manager?
Management can be an asset to your
enjoyment of living in a community association. Work with them
and they will work with you.
WHAT CAN I DO IF I AM NOT HAPPY
LIVING IN A COMMUNITY ASSOCIATION?
First, re-examine why you purchased your home within a
community association. If it is not what you expected, then see
if you can help change the way the association operates. This
can be done only by taking an active role in your community
affairs. If you are willing to leave it up to others, then you
must live with the results, good or bad.
Contact your neighbors and see if
they have the same feelings. A well organized group can
accomplish more than an individual acting alone. Without support
from other members of your association, you may be considered a
trouble-maker or just an unhappy owner.
If all else fails and you are still
unhappy with the association, maybe it's just not for you. Not
everyone wants to live in a community with rules and regulations
or guidelines. Maybe it is time for you to move on to an
environment more to your liking.
Make sure you read all the
deed restrictions or other documents prior to the purchase of
your next property.
|
