1.                   What is a community association?

2.                   What are the functions and responsibilities of the association?

3.                   What are “Deed Restrictions” and why have them?

4.                   May I make improvements to my property?

5.                   What can the association do to correct a violation of a deed restriction?

6.                   How much is the assessment and what is it spent for?

7.                   Can the assessment be increased?

8.                   What happens if someone does not pay the assessment?

9.                   What is our association delinquent account collection policy?

10.                What if I have a question regarding my billing?

11.                Does my mortgage company pay my assessment?

12.                What can I do to help my association?

Homeowner Questions and Answers

1.  What is a community association?

                It is a mandatory, non-stock, non-profit corporation.  The purpose of this association is the preservation of economic values within your neighborhood through architectural controls and deed restrictions.  In addition, it provides for the maintenance, improvements, preservation and administration of the common facilities. Each association is governed by a Board of Directors, elected by the owners, operating under the legal documents which established the association.

2.  What are the functions and responsibilities of the association?

                The major responsibility of an association is to protect the investment and enhance the value of the property owned by the members.  The association is empowered to oversee the duties and obligations of the community as to covenants, conditions, restrictions and easements concerning the property; to fix, levy, collect and enforce payment by any lawful means all charges and assessments and to take care of all maintenance and repairs to the common facilities, if any are owned by the association.

3.  What are “Deed Restrictions” and why have them?

                Deed restrictions are important rules governing your responsibilities as a member of the association.  They are also set up to protect your rights as a homeowner.  They are established to make sharing of property and living in harmony convenient and easy for all involved.  The architectural controls outlined in the deed restrictions are set up, not to stifle your creativity, but rather to ensure that the integrity of the original community design is preserved.

4.  May I make improvements to my property?

                Yes, you may do whatever you desire to the interior of your home.  Alterations, additions, or changes to the exterior of your home must be approved by the Board of Directors and Architectural Control Committee prior to beginning the work.  This approval safeguards not only the beauty of your home, but also consistency with community surroundings.

5.  What can the association do to correct a violation of a deed restriction?

                Enforcement remedies are granted to the association by governing legal documents and each Board of Directors adopts an enforcement policy containing a specific course of action.  Generally, violations are cited by Residential Community Management, Inc. during a drive through inspection of the community.  Letters are sent out informing residents of violations and asking their cooperation in correcting the problems.  If a violation is not corrected within the time frame specified, the association may hire someone to correct the violation and charge the property owner with the costs incurred (if governing documents allow this) or the association may hire an attorney and file suit again the property owner.  The Board of Directors has the responsibility and the duty to enforce the deed restrictions.  It is not optional.

6.  How much is the assessment and what is it spent for?

                The assessment of your community is ser on an annual basis.  A budget is developed by your Board of Directors based on operating history and an evaluation of the needs of the community.  Assessments may be spent on various services which may include community patrol, trash pick-up, landscape contracting and maintaining the recreational facilities as well as the accounting and administration of the association.

7.  Can the assessment be increased?

                Yes.  However, in the case of general assessment, the increases are controlled by the Declaration as well as by the Board of Directors.  The assessments are projected to provide sufficient funds for the day to day operation of the community, as well as reserves for making future capital improvements without the need for special assessments.

8.  What happens if someone does not pay the assessment?

                The assessment is secured by a lien on each lot and/or home and it may be foreclosed by the association if not paid.  If the association does not spend its time and money to collect your assessment, it will harm the association and eventually you.

9.  What is our association delinquent account collection policy?

                It is important to pay your assessment on time to insure the continuation of services provided to the members of the association.  Collection remedies are granted to the association by the governing legal documents and each Board of Directors adopts a collection policy containing a specific time from for action. 

A general collection policy follows:

                A.  Assessments are due January 1st of each year.

                B.  Assessments are past due on January 31st.

                C.  The association has the responsibility and authority to charge interest, collection fees and late fees on past due accounts.  If an attorney is retained, all costs will be charged to the delinquent property owner.

                D.  The Board of Directors can select any one collection method or a combination, including filing a notice of lien, foreclosure, personal money judgement, collection agency and credit reporting.

10.  What if I have a question regarding my billing?

                Any questions regarding billing or account status contact Residential Community Management, Inc.

11.  Does my mortgage company pay my assessment?

                Most mortgage companies no longer escrow for annual assessments.  Do not assume they do.  Before sending your statement to them, call (your mortgage company) and verify that they do escrow for your assessment or not.  It is your responsibility to make sure the assessment is paid on time.

12.  What can I do to help my association?

                Become actively involved.  Serve on the board, join a committee, lend your talents where they can be most useful.  You can help by:

                A.  Paying your assessment on time.

                B.  Cooperating with the association; following the rules.

                C.  Participate in neighborhood activities, committee and social functions, as well as membership meetings.