1. What
is a
homeowner
association?
Homeowner
associations
are part of
an overall
concept of
residential
property
ownership.
The
association
provides a
communal
basis for
preserving,
maintaining
and
enhancing
homes and
property.
Purchase of
a home or
lot requires membership
in the
association
which
provides the
structure
for
operation
and
management
of the
residential
community
concept.
Many
subdivisions
today have
beautiful
entry
features,
signage,
ponds,
fountains,
green space
or perhaps
even a park
or
playground
area. These
are common
elements,
owned and
maintained
by the
association
for the
benefit of
all
homeowners
in the
neighborhood.
2. What
are deed
restrictions?
Each
homeowner
association
has a set of
governing
documents
known as the
Declaration,
Deed
Restriction
or CC&R
(Covenants,
Conditions
and
Restrictions)
that
regulate the
community.
These legal
documents
were
recorded by
the
developer in
the County
Recorders
office
before any
of the real
estate was
transferred
to any
owner. This
means that
the CC&R is
part of the
chain of
title for
each piece
of real
estate in
the
subdivision.
Its terms
are binding
on the real
estate
itself, as
well as on
its original
and
succeeding
purchasers.
As a result,
the CC&R
defines the
bundle of
rights of
each owner
in the
association.
The CC&R or
deed
restrictions
generally:
Defines
the portion
of the
development
owned by the
individual
owners and
those owned
by the
association
Creates
interlocking
relationships
binding all
of the
owners to
one another
and to the
association
for the
purposes of
maintaining,
governing
and funding
the
development
Establishes protective standards, restrictions, and obligations in areas ranging from architectural control to prohibitions on various activities in order to promote harmonious living
Creates the administrative framework for the operation and management of the association
Provides the mechanism for financial support of the association through assessments
3. How do
the
restrictions
affect me as
a homeowner?
The deed
restrictions
establish
architectural
guidelines
and controls
designed to
maintain the
aesthetic
value of the
property.
Depending on
your
Association,
there may be
restrictions
on fencing,
swimming
pools,
exterior
colors or
materials,
antennas or
satellite
dishes,
landscaping,
junk
vehicles,
etc. If you
plan to do
anything on
the exterior
of your home
or lot,
check the
restrictions
first to see
if you need
Association
approval.
4. Who
runs the
Association?
During the
time when
homes in the
subdivision
are
initially
being built
and sold the
Board of
Directors of
the
Association
is the
developer.
Once the
developer
turns
control of
the
Association
over to the
homeowners,
a general
meeting is
held and
volunteers
from the
neighborhood
are elected
to be the
Board of
Directors.
The Board is
the
decision-making
figurehead
of the
community
they direct
the
management
company,
chart the
plan for
maintaining
the common
areas, set
the budget
and
establish
committees.
5. What
are my
responsibilities
as an
association
member?
Since your
association
has a
professional
manager, the
day-to-day
administrative
and
accounting
tasks are
taken care
of. You
should,
however,
become
involved in
the
community.
Pay your
Association
fees so the
association
remains
financially
healthy and
the common
area care
can be
maintained
to enhance
property
value. Read
the
Declaration
or Deed
Restrictions
so you are
familiar
with your
rights and
obligations.
Attend
association
meetings
whenever
possible.
Volunteer to
serve on a
committee,
the Board of
Directors,
or offer
your help on
a special
project.
6. What
do my
Association
fees cover?
Your fees
may include
property
taxes and
insurance,
legal fees,
management
fees,
administrative
costs
(postage,
copies,
etc.), care
of
facilities
such as a
clubhouse,
pool or
park, lawn
care and
landscaping,
irrigation
systems, and
a
replacement reserve
fund for
capital
improvements.
Some
association
fees may
also include
utilities,
such as
water for a
pond or
irrigation
system or
exterior
common area
lighting.
7. What
does the
management
company do?
The
management
company
collects and
deposits
Association
fees, pays
all
invoices,
produces an
accurate
monthly
financial
statement,
maintains
all records,
receives
plans for
architectural
review,
develops an
annual
budget,
monitors and
controls
expenses,
writes bid
specifications
and solicits
bids for
routine
contracts
and special
projects,
receives and
responds to
complaints
from
residents,
files
incident
reports and
insurance
claims as
necessary,
monitors
contractor
services,
assists with
notices,
newsletters
and
community
meetings and
provides the
Board of
Directors
with advice,
consultation
and
guidance.
8. What
if I fail to
pay my
Association
fees?
If you dont
pay your
Association
fees
consistently
and in a
timely
manner, you
may be
subject to
late fees, a
lien against
your
property or
other legal
action,
along with
recording
and attorney
fees.
Most
Associations
require
prior
approval
before
adding
improvements
or
otherwise
altering
the
exterior
appearance
of your
property.
Examples
include
items
such as
decks,
fences,
patios,
play
equipment,
pools/hot
tubs,
room
additions,
lighting
or
landscape
(trees &
shrubs),
roofs
and
paint
color.
Approval
is
obtained
by
submitting
plans to
an
Architectural
or
Design
Review
Committee.
In most
cases
the
Committee
has up
to 30
days to
review
plans.
If you
are
planning
any
exterior
improvements,
you will
need to
submit a
site
plan
including
lot
dimensions,
setbacks
and
easements;
elevations,
materials
and
colors.
Your
site
plan
should
show
your
lot, all
existing
structures,
the
proposed
improvement,
its
dimensions
and
distances
from lot
lines.
For any
improvement
higher
than
ground
level,
you must
include
a side
view
with the
elevation
and
description.
This
includes
any
fencing,
deck
rails
and
landscape/retaining
walls.
You may
submit
your
plans to
Rickert
Property
Management
by mail,
fax or
email
and they
will be
forwarded
to the
appropriate
Committee.
Grounds
maintenance
is one
of the
most
important
responsibilities
of an
Association
Board.
Over
time,
well
kept
turf,
trees
and
shrubs
appreciate
in
value. A
knowledgeable
maintenance
committee,
with a
carefully
developed
and
executed
grounds
maintenance
program,
directly
contributes
to the
health
of the
community
and the
protection
of
property
values.
The
landscape
expense
budget
is
normally
the
largest
dollar
item for
any
Association.
Why does
it cost
so much
to
maintain
the
common
areas?
1)
Size of
the
common
areas
The
common
areas
may
include
one or
more
community
entrances,
grassy
areas
along
major
roadways,
median
strips,
cul-de-sac
islands,
parks,
pond
perimeters
and
detention
basins.
The size
of the
areas
involved
require
a
commercial,
rather
than
residential
contract.
2)
Services
included
in the
landscape
contract
Generally,
the
landscape
contractor
will
provide
the
following
services:
Weekly
mowing
and
string
trimming
28-30
times
per year
Turf
fertilization
4-5
applications
per year
Spring
planting
bed
clean-up
Annual
edging
and
mulching
of
planting
beds and
tree
rings
Annual
turf
aeration
Bed
weeding
Turf
weed
control
Pruning
of trees
and
shrubs
Seasonal
flowers
and
flower
maintenance
Irrigation
system
start-up,
winterization
and
periodic
maintenance
Debris
and
trash
pick-up
Tree
and
shrub
removal/replacement
Fall
leaf
removal
The
streets
in your
subdivision
are
likely
to be
dedicated
(public
instead
of
private)
and thus
are
maintained
by the
city.
The city
provides
snow
removal
service
as well
as
street
cleaning
and
repairs.
Contact
the
local
government
in your
area to
find out
about
snow
removal
policies.