Q: What is a
homeowner's association?
A: It 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&R's, Bylaws, and Articles
of Incorporation. The governing legal documents
for the association may be viewed online within
the member's area of this site. The
corporation is financially supported by all
members of the homeowners association. Membership
is both automatic and mandatory.
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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 vviewed online within
the member's area 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 member's area of this site.
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Q:
What is the Board of Directors?
A: The Homeowner's Association
again is a corporation and therefore a governing
body that is required to oversee its business. The
Board of Directors is elected by the homeowners,
or as otherwise specified in the bylaws. The
limitation and restrictions of the powers of the
Board of Directors is outlined in the Association
governing documents found within the member's area of this site.
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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, and pets, 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 member's section 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 member's area 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: 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
member's 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:There is no concrete answer
to this. Typically the Civil Code provides for
annual increases, but not to exceed 20 percent per
year without the vote of the membership. The Board
of Directors may approve an increased budget,
increasing your assessment up to this percentage
in order to cover increased costs of operating and
maintaining the common area and sufficient reserve
funds.
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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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