Not sure exactly what your HOA is, or how it operates? We've compiled a list of Frequently Asked Questions below. Please feel free to contact MMI with any additional questions!
What is a Homeowners Association?
A homeowners association is a nonprofit corporation managed by an elected Board of Directors. Its purpose is to maintain all common areas and elements within the community (such as playgrounds, pools, walking trails, private roads, etc.) and to govern the community in accordance with its legal documents: Articles of Incorporation, Declaration, and Bylaws.
What is a "Management Company" and what do they do?
A Management Company is contracted by the Board of Directors to provide for the business operations of the HOA. Generally, a management company is responsible for dues collections, administration, supervision of contractors, and CC&R enforcement. The management company also serves as a homeowner resource for problem solving and communications about community issues. The management company reports to the Board of Directors, and while they may advise the Board the Board still makes all decisions regarding HOA business by majority vote.
What is the Board of Directors?
A homeowners association is a corporation, and therefore requires a Board of Directors to oversee its business. The Board of Directors is elected by the homeowners of each community for a term speficied by the governing documents. The limitations and restrictions of the powers of a Board of Directors is generally outlined in the governing documents as well.
What are the CC&Rs?
The Covenants, Conditions, and Restrictions (CC&Rs) are the governing legal documents of a community. They set up the guidelines for the operation of a planned community as a nonprofit corporation and were recorded in the County offices of the County in which the property is located. The CC&Rs are included in the title to your property. In almost all cases, failure to abide by the CC&Rs may result in a violation assessment fee to the homeowner by an association.
What are the Bylaws?
The Bylaws of an association generally expound on the CC&Rs. They set forth rules regarding parking, allowable vehicles, lawn maintenance, etc. Your association has probably also developed and adopted Architectural Guidelines, which detail rules regarding exterior modifications, satellite placement, landscaping, decks and fencing, etc. Generally the homeowner must apply to an Architectural Review Board to make modifications to the exterior of the home.
Are Board Meetings open to all residents?
Yes. Notice of any regular Board meeting must be given to all homeowners. This could be via written notice, publishing on a community website or bulletin board, email, etc.
The success of a community depends on the involvement of its homeowners. Be familiar with your governing documents, and get involved! Every community needs volunteers to participate on committees, attend Board meetings, and provide input in the operations of the HOA.
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