.et-cart-info { display:none; }

FAQ’s

We know that this is not a one size fits all business. We understand that you may have some questions before getting started with us. So below are some questions that might be helpful for you while you are considering who to with.

What is a homeowner’s association?

A homeowner’s association, also known as a common interest development (CID), is a non-profit corporation, controlled by a volunteer Board of Directors elected by the members of the Association. Their duty is to protect and maintain the community assets and to equitably enforce the governing documents. The benefit to these restrictions is the protection of your property values through a system of self-governance.

What are governing documents?

The association’s governing documents include the Articles of Incorporation or Certificate of Formation; Declaration of Covenants, Conditions and Restrictions (DCC&R’s); Bylaws; Association Rules; and Architectural Guidelines.Articles of Incorporation or Certificate of Formation:  The Articles of Incorporation or Certificate of Formation state the name of the Association and the purpose for which it was formed and list the developer Board Members.

DCC&R's

 The DCC&R’s provide information on each homeowner’s property rights and obligations to the association and the association’s responsibilities to the homeowners. It also details the duty of the association to collect assessments, insurance requirements, restrictions on use of the property, and architectural control issues. The DCC&R’s may outline the method for amending provisions of the document by the vote of the homeowners.

Bylaws

Your association may be incorporated as a nonprofit mutual benefit corporation. As such, the Bylaws establish the rules by which the corporation will be operated. They set forth how members vote for the Board of Directors, describe the election and term of office of directors, and detail the board’s powers and duties. The Bylaws also contain information on meetings of the members of the association.

Rules and Regulations:

The Board of Directors has the authority to make and enforce rules that regulate behavior. Associations frequently have rules that address such activities as the use of the common areas, parking, posting signs, and pet control. Rules and regulations are just as enforceable in an association as the DCC&R’s, Bylaws, and applicable laws.

Architectural Guidelines

 In addition to the provisions in the DCC&R’s, your association has architectural standards that must be followed if you want to make any modifications or improvements to the exterior of your home or to your property.

Are there any rules?

Most associations have developed Rules and Regulations as provided for in the DCC&R’s and adopted by the Board of Directors. Rules are established to provide direction to the homeowners for common courtesies regarding exterior maintenance of the owner property, parking, types of vehicles permitted, pets and amenity uses when applicable, etc. In addition, your Association will adopt Architectural Guidelines with procedures for submitting requests to make exterior changes to your home or property. Such changes may include pool installation, outbuildings, patio covers, decks, landscaping, exterior color changes, or other additions.

How are the DCC&R's and other documents enforced?

The Association, through the Board of Directors, has the responsibility to enforce the governing documents. Typically, the Board of Directors will adopt a policy for enforcement that may include disciplinary action, including the levy of fines, and when necessary, turning the matter over to the association attorney, to enforce compliance. 

What rights do I have as a member of the Association?

Generally, the rights of the owners include:  The right to vote to elect or recall the Board of Directors in accordance with the governing documents.

  • The right to vote to amend the Articles of Incorporation, Bylaws, and CC&R’s;
  • The right to be elected to the Board of Directors; and,
  • The right of access to certain documents of the association.

The volunteer Board of Directors that you elect operates the corporation on your behalf.

Can you participate in the board meeting?

 Yes and No. The meetings are open to all members of the association, and you do have the right to speak at these meetings. However, only the board members have the authority to vote on the matters set before them.

Where does the Association get the money to pay its bills?

Each association has operating expenses that include common area maintenance, utilities, insurance, legal costs, management fees, and reserves for future repairs and replacements or capital improvements. Income to cover the expenses is collected as an assessment, which represents each owner’s share of their financial obligation to the association. The assessment level is set by the Board of Directors who adopt an annual budget and distributes that to the members each year.

What does the assessment pay for?

The assessment covers the operation, maintenance, and repairs for which the association is obligated, per the governing documents. Items such as insurance, taxes, water, electricity, landscaping services, janitorial and even pest control are just a few of the items that could be covered by assessments. Assessments also cover the funding of reserves which are applied to future repair or replacement of major components for which the association is responsible. Details for your association can be found in the budget, which is mailed to all homeowners annually, generally in late November or early December.

Do I have to belong to the Association and pay assessments?

Every person owning a unit or lot within a community association automatically becomes a member of the association and is required to pay the assessment as outlined in their governing documents. Non-payment could result in a lien against the home, and possibly foreclosure.

Can the assessment go up?

Yes, and over time it likely will increase due to inflation. Another reason assessments could increase is the initial assessment set in development does not cover the association’s expenses and the increase is needed to properly fund the expenses. The Board of Directors may also need to impose a special assessment without member approval in cases of emergency, such as an extraordinary or unexpected expense for repairs to the common area.

Who should I make my assessment checks payable to?

Please make all checks payable to the association(s) in which you reside. The mailing address for your association is printed on your payment coupons or statement.

Can you participate in the board meeting?

 Yes and No. The meetings are open to all members of the association, and you do have the right to speak at these meetings. However, only the board members have the authority to vote on the matters set before them.

When is my assessment payment due?

Most assessments are on an annual basis being due January 1st and late after January 30th, but this varies association to association. Please review your Association’s governing documents, payment plan policy or delinquency policy. Please be aware that you will be charged late fees, collection fees, and interest if you do not pay your assessment on time. Accounts are not considered current unless all assessments and fees have been paid in full. PAYMENT PLANS ARE ALWAYS AVAILABLE UPON REQUEST.

Can I make improvements to my home and my property?

Generally speaking, yes. Each association has guidelines that you must follow to ensure the modifications comply with the architectural standards. If you plan to make improvements to the exterior of your home or to any portion of your property, you are required to first apply for and receive the written approval of your association’s Architectural Control Committee. It is vitally important that you submit your application well in advance of the intended start date of the work. Depending on your association’s documents, the Architectural Control Committee may have up to 60 days from the date it receives your application to render its decision. Failure to obtain approval prior to making the modifications may result in additional costs to you and may result in an order to remove the unapproved modifications, all at your expense.

Who is responsible for what in the Association?

The Organizational hierarchy of an association consists of:

  • The Board of Directors establishes policies and procedures.
  • Homeowners are responsible for paying assessments, voting in elections, and complying with the governing documents.
  • Management Company executes the day-to-day operations of the association, is a point of contact for property owners, contractors, Board members, etc. Management is the record keeper for the association and collects association assessments, manages the association’s expenses and payments, and produces monthly financial reports. Management also oversees the policies and procedures as established by the Board of Directors and enforces the compliance of owners with the governing documents on the Board’s behalf. 
  • Committees research and make recommendations to the Board of Directors who then make the final decisions, i.e., Newsletter Committee, Architectural Committee, Rules Committee and Grounds Committee.
  • Subcontractors are professionals hired by the Board to perform services for the association. The Management Company oversees the subcontractors.

How are the DCC&R's and other documents enforced?

The Association, through the Board of Directors, has the responsibility to enforce the governing documents. Typically, the Board of Directors will adopt a policy for enforcement that may include disciplinary action, including the levy of fines, and when necessary, turning the matter over to the association attorney, to enforce compliance. 

What does the management company do for the Association?

Professional association management provides expert guidance to the volunteer Board of Directors in the operation and management of your community’s assets. While the Board of Directors is responsible for conducting the business of the corporation, they may delegate to management the authority to carry out the day-to-day operation of the association. The scope of services provided by a managing agent will vary based on the needs of each association. Contractual management duties may include the preparation of financial statements, collection of assessments, coordination with maintenance contractors, and solicitation of bid proposals.

Azalea MC is a separate business enterprise hired to act as an agent of the association. We are not affiliated with any builder or developer. 

What are the most common compliance issues in an Association?

Over 90% of the issues fall into the following categories:

  • Exterior Maintenance: Yard care, excessive miscellaneous items stored where visible to the public, and fence repairs.
  • No prior approval of exterior improvements:  Remember all exterior improvements must be submitted to the Architectural Control Committee, through the managing agent, and written approval must be obtained prior to beginning a project.
  • Vehicles:  Recreational and commercial vehicles may be prohibited in your association. Oil stains can also be a compliance issue.
  • Pets:  Noise, unleashed pets, aggressive behavior of pets when out, clean-up, or exceeding the number of pets allowed per household.

Where does the Association get the money to pay its bills?

Each association has operating expenses that include common area maintenance, utilities, insurance, legal costs, management fees, and reserves for future repairs and replacements or capital improvements. Income to cover the expenses is collected as an assessment, which represents each owner’s share of their financial obligation to the association. The assessment level is set by the Board of Directors who adopt an annual budget and distributes that to the members each year.

What does the assessment pay for?

The assessment covers the operation, maintenance, and repairs for which the association is obligated, per the governing documents. Items such as insurance, taxes, water, electricity, landscaping services, janitorial and even pest control are just a few of the items that could be covered by assessments. Assessments also cover the funding of reserves which are applied to future repair or replacement of major components for which the association is responsible. Details for your association can be found in the budget, which is mailed to all homeowners annually, generally in late November or early December.