 Living in a community association has become the norm for an ever-growing number of homeowners. Lack of understanding of what it means to live in and/or govern a community association can lead to strained relationships between homeowners, but it doesn't have to be that way. Below we've assembled some general information as well as some common sense solutions to a few of the most common (and contentious) issues that arise from living in a community association.
Q: Who should I call if I have an issue or concern? A Board member lives just up the street. Should I call them?
A: No. Your Board members are first and foremost homeowners just like you. They should be allowed to enjoy themselves when they are at home and not be bombarded with dozens of telephone calls from homeowners. In many cases your Board member will not have the information necessary to answer your question anyway and will just have to call Management for the answer. The best course of action for you and the Board is for you to contact the Management Company directly. They have been hired by the Board to manage the Association and are in the best position to address issues and concerns raised by homeowners. You can reach them through this website or by calling (513) 521-5515.
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Q: Can our Board of Directors use association funds to pay for community social events?
A: It depends on how your association's governing documents are written. Most do not specifically identify social events or holiday deccorations as such. However, if the expenditure is minimal, if all members of the community are invited to attend, and so long as the funds are not used to pay for alcohol, then the expenditure may be allowed under a broader provision of building community. In the final analysis, Boards are elected by the homeowners. If the homeowners object to the manner in which their funds are being spent, they can use the democratic process to elect a new board who believe that the association's money should not be spent in this manner
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Q: What are the CC&R'S?
A: The Covenants, Conditions and Restrictions (CC&R's) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&R's were recorded by the County recorder's office of the County in which the property is located and are included in the title to your property. Failure to abide by the CC&R's may result in a fine to a homeowner by the Association. The governing legal documents for the association may be viewed online within the Resource Center page of this site.
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Q: What are the Bylaws?
A: The Bylaws are the guidelines for the operation of the non-profit corporation. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business. The Bylaws for the association may be viewed online within the Resource Center page of this site.
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Q: I have a boat and I want to park it in my driveway. The county ordinances say I can but my HOA has sent me a letter telling me I have to park the boat in my garage or remove it from the community. Who is right, the county or the HOA?
A: It is not a question of who is right and who is wrong but one of what regulations govern. When you moved into your community association you should have been given a set of documents that control what you can and can't do with your property (See "What are the CC&R'S?"). Your HOA can enforce its covenants and rules, even if they are more restrictive than those of your city or township. This gives greater protection to owners and provides additional enforcement mechanisms for activities the community dislikes or finds offensive. Therefore, your association can enforce its parking restrictions. You'd better find a new place to park your boat.
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Q: Are there any other rules?
A: Most associations have developed Rules and Regulations as provided for in the CC&R's and adopted by the Board of Directors. Rules are established to provide direction to the homeowners for common courtesies with regard to parking, vehicles, pets and pool use hours, etc. In addition, your Association will adopt Architectural Guidelines with procedures for submitting requests to make exterior changes to your home. Such changes may include patio covers, decks, landscaping, exterior color changes or extensive interior changes and additions. These rules and guidelines are set up to maintain the aesthetic value and integrity of the community on behalf of all owners, and hopefully protect the market value of your investment as well. Violations of these rules may result in action by the Board of Directors and a fine. In addition, if you proceed with an exterior improvement or change, without written approval of the Board of Directors, or Architectural Committee, as applicable, you will be required to remove or correct the alteration and/or be fined for the violation. For more information about this topic visit the Resource Center page of this site.
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Q: If I am having a problem with a neighbor for a violation of the Policies and Guidelines, what can I do?
A: If residents cannot resolve a situation between themselves, then turn to your Association. Should you have a situation that does not appear to be resolved through neighborly means, and you are willing to actively participate in the enforcement provided by the Policies and Guidelines, you may complete a Covenant Violation form online. The Violation form may be found within the Management Office page on this site. If the situation is deemed in violation of the Policies and Guidelines, the Board of Directors will institute the enforcement policy. Your continued assistance may be required.
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Q: Are Board Meetings open to all residents? If so, where and when are they held?
A: Yes. Notice of the time and place of any regular board meeting will be noted in the community newsletter, or accesed online on the Calendar page.
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Q: My association's board of directors often uses e-mail to communicate with one another in between board meetings and, despite repeated requests, they refuse to include homeowners on the distribution list. Is this legal?
A: Yes, There is no law that prohibits communications between board members outside of a formal meeting. While board meetings are typically open to the membership, communication by e-mail is not a "board meeting" so owner inclusion is not required. While boards have no statutory obligation to include owners on the distribution list, including interested owners can go a long way to building trust between owners and the board.
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Q: If I want to serve on a committee, how do I find out what committees are active and how I can get involved?
A: The Contact Us page of this website will inform you of the status of current committees organized and committee contact information. If you are interested in volunteering, please contact the committee chair or fill out the online volunteer form found on the Management Office page of this site.
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Q: What is my assessment?
A: The assessment is the periodic amount due from each homeowner to cover the operating expenses of the common area and provide for reserve funds for replacement of common facilities in future years. Your assessments are due on the first of the month. Statements will be sent for assessments as a reminder of the amount due
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Q: How is the amount of my assessment determined?
A: The Department of Real Estate typically requires an initial budget from the developer for each community that a developer proposes to build. This budget is set upon specific guidelines for utilities, landscaping, administration, etc. Reserve funds are monies set aside for future expenses due to the life expectancy of certain items: lighting, street resurfacing, pool equipment, etc. These amounts are then divided by the number of units built in a given phase of the development. Subsequent budgets are developed by the Board of Directors and adjusted periodically to meet anticipated expenses.
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Q: Will my assessment go up?
A: Like death and taxes, the one thing you can be sure of is that assessments will go up. No one likes to see costs increase, but it's a fact of life that, with few exceptions, everything costs more than it used to. The amount of any increase must be approved by the Board of Directors as part of the budget process. Increases in assessments should be seen as a positive thing as it typically indicates that your Board is managing responsibably. Homeowners should question long periods of stagnant assessments. If your assessments aren't keeping pace with inflation this can be an indication of cuts in maintenance or other services or could reflect an underfunding of reserves, all of which can lead to decreases in property value.
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Q: What happens if I don't pay my assessment?
A: The maintenance and management services incurred by the Association are dependent upon timely receipt of the assessments due from each homeowner. Late payments will result in a late charge as assessments are due on the first of the month. In addition, the CC&R's allows the Association to charge late charges and interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments.
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Q: Our association has a resident who ignores the rules. His yard is unkempt and his house needs painting. What kind of action can our board take to get him to comply?
A: Depending on your governing documents, your association, through it's board of directors, likely has a number of options for enforcing the rules (with some obvious limits). Unfortuneately, associations don't have the option to vote the violator "off the island." You may, however, be able to revoke some association membership privileges.
One option may be to suspend the offending owner's voting rights, although this is effective only if the resident participates in elections. Suspending access to recreational amenities is another possible (and usually more effective) solution. Again, this will only work if the owner cares about using the amenities. Your third option is imposing a fine - unfortunately the sanction of choice for most associations. Remember, the goal is not to punish violators or to produce revenues for the association, but to encourage voluntary compliance with the rules. Before imposing sanctions, I recommend you have a conversation with the offending resident to request compliance in a amicable manner.
Board should apply the rules and sanctions uniformly among residents and take care to discover if extenuating circumstances exist that might explain the resident's failure to comply, such as a serious illness or military service. If the board sanctions the owner, it should have the documentation to prove the need to do so. Finally, by law, fines must be reasonable and may be imposed only after giving the owner notice of the violation and an opportunity to have a hearing.
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Q: I notied that we have a street light out. Who do I call to get it repaired?
A: All street lights are the responsibility of Duke Energy (513) 421-9500. Click here to report a street light out.
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Q: I am considering buying a home in a community association but I am concerned about the fact that dues have not increased since 1999. The community is 25 years old and I worry that the association's reserve funds of $30,000 will be inadequate to cover replacement of the common elements when it becomes necessary to do so. What advice can you give me?
A: The issue of whether to reserve and, if so, how much is a complicated one. A major consideration is what common area amenities and property is the association obligated to repair and replace and when will it need replacement. There are a number of accepted methods used to calculate the amount of reserves an association should have on hand. Assuming the association has no other source of revenue (like an oil well on the property), then $30,000 in the bank with no assessment increases since 1999 could be an indication of significant deferred maintenance issues as well as under funded reserves. In addition, unless the association was collecting much more than it needed in 1999, it likely is no longer providing the same services it provided in 1999.
Ask the seller to provide you with a copy of the latest reserve study. If the response is "there is no reserve study," that should act as a red flag to you and may be an indication that you need to significantly lower your offer or look elsewhere. Failure to adequately reserve is a recipe for, at a minimum, significant increases in monthly assessments and, at worst, a significant special assessment.
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