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FAQ – HOA
Residential Homeowner Associations
What is a "management company," what do they do, and how do I reach them?
A management company is contracted by the Board of Directors to provide such services as: collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports. A management company can also serve as an advisor and general clearing house for problem solving and communications with homeowners and the Board of Directors. Our management company, Advanced Property Management or APM, reports directly to the Board and all decisions are made by a majority vote of the Board of Directors. You can reach us online through the Contact page on this site.
What is a homeowner's association?
A homeowner’s association is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&Rs, Bylaws, and Articles of Incorporation. (The governing legal documents for most associations are available online through the association website.) Membership in the Association is automatic and mandatory for all homeowners, who support the corporation financially through payment of assessments, also know as dues or homeowner association fees.
What are the CC&Rs?
The Covenants, Conditions and Restrictions (CC&Rs) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&Rs 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 on the part of a homeowner to abide by the CC&Rs may result in a fine to the homeowner by the Association.
What are the Bylaws?
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.
What is the Board of Directors?
The Homeowner’s Association is a corporation and therefore requires a governing body to oversee its business. The Board of Directors is elected by the homeowners or as otherwise specified in the bylaws. The limitations and restrictions of the powers of the Board of Directors are outlined in the Association governing documents.
Are there other rules?
Typically yes. Most associations have additional rules that are sent to all owners annually and are usually available through the Association website. These rules and guidelines are generally intended to maintain the aesthetic value and integrity of the community on behalf of all owners and help protect the value of property. Violation of these rules on the part of homeowners may result in action by the Board of Directors that could include a fine.
If I am having a problem with a neighbor regarding a violation of the policies and guidelines, what can I do?
If homeowners cannot resolve a situation between themselves they can turn to the Association. If you’re involved in a situation that does not appear to be resolved through neighborly means and you’re willing to actively participate in the enforcement provided by the Policies and Guidelines, you can contact your Homeowner Liaison. (Contact information for your liaison is available through the Association website.) If the situation involves a violation of the Policies and Guidelines, the Board of Directors will initiate enforcement proceedings. Your continued assistance may be required.
Are board meetings open to all residents? If so, where and when are they held?
Yes, board meetings are open to all homeowners. Notice of the time and place of all regular board meetings are published in the Association newsletter and website.
What is my assessment?
The assessment is the periodic amount due from each homeowner to cover the operating expenses of the common area and to provide for reserve funds for the repair and/or replacement of common facilities in future years. Assessment amounts are published in the Association Budget, which is typically available through the Association website.
Will my assessment go up?
There is no simple yes or no answer to this question. In order to cover increased costs of operating and maintaining the common area and sufficient reserve funds, the Board of Directors may approve increases in budget that could increase your assessment up to the percentage allowed by the Civil Code.
What happens if I don't pay my assessment?
The maintenance and management services incurred by the Association are dependent upon timely receipt of assessments due from each homeowner. Late payments will result in a late charge. The CC&Rs allow the Association to assess late charges and interest and to proceed with a lien on your property and even foreclosure proceedings for nonpayment of assessments.
When do I have to submit an Architectural Change Request form?
Architectural change policies vary from one association to another but in general any exterior modifications require advance review and approval by the Board before project work can begin. All request forms must be submitted and approved in writing before beginning any such project. Most associations make these forms available through the Association website. In most cases, the Board may take up to 30 days to respond to a request, although most requests are processed more quickly than that.
I'd like to remove a tree in my yard. Do I need Board approval?
Tree removals do not require Board approval. However, you must check with the City to find out if you need a permit and to learn about possible restrictions.
FAQ – POA
Commercial property owner association
What is a Commercial Property Owners Association (POA)?
A Commercial Property Owners Association, or POA, is a non-profit organization formed to serve the collective and common interests of the property owners within a business park. The Association’s governing documents dictate how the community is to be operated and maintained. The governing documents consist of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Bylaws, Articles of Incorporation and Policies and Rules adopted by the Association.
Who oversees the Property Owners Association?
A volunteer Board of Directors is responsible for all operations of the POA. The board members are elected by the members of the POA. The election results are reported at the annual meeting of the membership. The board member terms are typically one to two years. Day to day management of the operations of the POA is outsourced to a professional management company, such as Advanced Property Management (APM), under contract with the POA. APM operates at the direction of the Board of Directors to care for the business interests of the POA.
When and where are the POA board meetings held?
Board meetings are held at regular intervals as provided for in the governing documents of the POA. The location, date and time of the meeting are published to the members of the POA. All board meetings are open to the members of the POA and all property owners are welcome to attend.
What does the Property Owners Association do?
The purpose of the POA is to care for the common interests shared by all the property owners within the business park. The membership of the Association is made up of all of the property owners and exists for the mutual benefit of the collective group of owners. The POA cares for the common areas and common area improvements within the business park. In an effort to maintain the quality of the business park, the POA also has administrative responsibilities. Administrative responsibilities include, but are not limited to, financial operations and member compliance with the provisions of the POA governing documents and policies. The POA works to ensure that the property owners (the members of the POA) each meet their financial obligations and comply with the provisions of the CC&Rs and policies. The policies are developed and adopted to supplement and clarify the conditions and restrictions as set forth in the governing documents of the POA (CC&Rs, Bylaws, Articles of Incorporation and Policies and Rules).
Do I need approval from the POA to change the landscaping, exterior or signage of my building or lot?
Yes. The specific guidelines and process for architectural approvals are contained in the governing documents and policies of the POA (for example, a change to the exterior of your property, landscaping, and so on). The governing documents and POA policies establish the types of modifications that must be reviewed and approved in writing by the POA Board of Directors prior to work commencement. Should you desire to make any changes to your property, it’s important to review the governing documents and policies of the POA and then submit your request in writing with the appropriate application form and exhibits. Typically, an application form is available in hard copy or electronic format from the management company or on the POA website. In every case, formal written approval from the POA Board of Directors must be received prior to making any change to the landscaping, exterior or signage of your building.
How am I informed about the operations of the association?
Each year, all members of the POA receive the annual budget, a current copy of the policies, a summary of the status of reserve funding (for long-term capital improvements and maintenance), the annual insurance disclosure and other important information regarding the POA. Additionally, all members receive a copy each year of the financials for the previous year, which have been reviewed by a third party CPA. If any policies or rules change during the course of the year, each member will receive the new information.
What happens if an owner violates the CC&Rs or policies?
If an owner inadvertently violates the policies or rules of the Association, they will receive a letter notifying them of the violation and they’ll have the opportunity to resolve the issue. Failure to resolve the issue following notice will result in a hearing before the Board of Directors that may be followed by a fine being levied against the account of the owner.
How do I pay my POA assessment?
The governing documents of the POA establish the frequency of POA assessment payments. Payment of assessments can be made by check, by ACH (Automated Clearing House), or by online banking with your bank.
Where do my POA assessments go?
All income from the regular assessments is for maintenance, repairs and improvements of the common area of the POA. In addition to the normal operational responsibilities of the POA, a portion of the assessment is set aside in reserve for major expenditures. The POA establishes the annual budget to meet the expenses of the POA with no intention of making any profit. Every dollar taken in by the POA goes back into the operation and maintenance of the POA.
What do I do if I have an idea, question, problem or concern?
Please contact your management company, come to a board meeting or write the POA Board of Directors. At the board meeting, the owner comment period usually falls during the first 15 minutes of the meeting. For correspondence, please mail it directly to the POA in care of your management company at the POA address, or email it to an APM team member.
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