Frequently Asked Questions
Common questions about association management. Have one that isn't here? Ask us and we'll be glad to help.
Assessments
An assessment is the share of an association's operating and reserve costs charged to each owner. It is set by the board through the annual budget and levied against every unit or lot in the community. Regular assessments cover recurring expenses such as insurance, common-area utilities, landscaping, maintenance, and reserves. A special assessment may be levied separately for a large or unexpected cost, such as a roof replacement or a structural repair, when reserves are not sufficient. Assessments are an obligation that runs with the property, and unpaid amounts can become a lien against the unit.
A predetermined set of fees usually referred to as ‘Dues’ are collected by HOAs, Community Associations, or divisions of property management for the upkeep of said organizations or neighborhoods in general. These fees are billed at intervals, sometimes by month, quarter, or annually.
Association Types
A Homeowners' Association (HOA) is a legal entity created by a real estate developer for the purpose of developing, managing and selling a community of homes. It is given the authority to enforce the covenants, conditions & restrictions (CC&Rs) and to manage the common amenities of the development. It allows a developer to end their responsibility over the community, typically by transferring ownership of the association to the homeowners after selling. Generally accepted as a voluntary association of homeowners gathered together to protect their property values and to improve the neighborhood, a large percentage of U.S. neighborhoods where free standing homes exist have an HOA. Most homeowners' associations are nonprofit organizations and are subject to state statutes that govern non-profit corporations and homeowners' associations.
A community association is a nongovernmental association of participating members of a community, such as a neighborhood, village, condominium, cooperative, or group of homeowners or property owners in a delineated geographic area. Participation may be voluntary, require a specific residency, or require participation in an intentional community. Community associations may serve as social clubs, community promotional groups, service organizations, or quasi-governmental groups.
A Neighborhood Association (NA) is a group of residents or property owners who advocate for or organize activities within a neighborhood. An association may have elected leaders and voluntary dues. Some neighborhood associations in the United States are incorporated, may be recognized by the Internal Revenue Service as 501(c)(4) nonprofit organizations, and may enjoy freedom from taxation from their home state.
The key difference is whether membership is mandatory. Membership in a Homeowners' Association is automatic and compulsory: it is created by the recorded governing documents, it attaches to ownership of the property, and the association can levy binding assessments and enforce the CC&Rs. A Neighborhood Association is voluntary. Residents choose whether to join and whether to pay dues, and the association generally has no legal authority to enforce restrictions against a property or to place a lien on it. In short, an HOA is a legal entity governing property rights, while a neighborhood association is an advocacy and social organization.
Association Management
Association management is a distinct field of management because of the unique environment of associations. Associations are unique in that the ‘owners’ are dues-paying members. Members also govern their association through an elected board or other governing body, along with association committees, commissions, task forces, councils and other units. Typically, the board selects, retains and evaluates a chief executive officer or an executive director who is responsible for the day-to-day management of the association and paid staff.
Managers within the association environment are responsible for many of the same tasks that are found in other organizational contexts. These include human resource management, financial management, meeting management, IT management, and project management. Other aspects of management are unique for association managers. These include membership recruitment and retention; tax-exempt accounting and financial management; and development of non-dues revenue and fundraising. Association managers must also be familiar with laws and regulations that pertain only to associations.
A property management entity contracted by a Board of Directors or community to provide a variety of services including but not limited to collecting assessments, sub-contractor endeavors, financial advisement and statement/reports preparation and analysis, general maintenance and problem resolution, and advisement on legal and other property related matters. Some of these companies manage hundreds of properties simultaneously, while others focus on individual properties.
Not every community uses a management company; many smaller associations are self-managed by their board. If yours does use one, the company's name and contact details are normally shown on your assessment statements or coupon book, posted in the lobby or clubhouse, included in the annual meeting notice, and held in the association's official records. Your board of directors can confirm who manages the community. If Adams & Associates Premier Management is your manager, you can reach us at 305-253-9351 or Manager@Managingright.com.
A Managing Agent is a person or entity hired specifically to assist the board of directors in enforcing the documents and managing the assets, funds, and interests of the association.
An individual appointed to act or vote on behalf of another person by representing them at a meeting of the association. The title can also refer to the written piece of paper granting that power.
A Quorum is defined as the minimum number of owners required to hold an official meeting of the association. The number of owners required can vary greatly according to the corresponding association's governing documents.
The act of initiating a Recuse involves the temporary removal of an association member or board member, or the act of disallowing his or her participation in a particular vote or proceeding.
Board of Directors
In relation to an HOA, Community or other formal organization, a director is an officer charged with the conduct and management of its affairs. The directors collectively are referred to as a board of directors, and are generally elected or appointed. Sometimes the board will appoint one of its members to be the chair, making this person the President of the Board of Directors or Chairman.
If your community has a Board of Directors, contact information, meeting times, minutes, and other information can be obtained through checking the Board information area of your website.
CAI
Founded in 1973, CAI is Community Associations Institute, a national and chapter-based membership organization dedicated to fostering successful common interest communities. In addition to state and national legislative advocacy on behalf of associations, CAI provides education, tools and resources to those who govern and manage association-governed communities. CAI members include association board members and other homeowner volunteer leaders, community managers, association management firms and other professionals who provide products and services to associations, such as attorneys, accountants and reserve specialists. Visit www.caionline.org or call (888) 224-4321 for more information.
Both. CAI is a national organization that operates through local and state chapters, so members are served by a chapter in their own area in addition to national education programs and legislative advocacy. Florida communities fall within one of the state's regional chapters, which run local training, events, and networking for board members and managers.
Association Legal Documents
The term CC&R refers to ‘Covenants, Conditions & Restrictions.’ A real covenant is a legal obligation imposed in a deed by the seller of a home and or property upon the buyer of the real estate to do or not to do something. Such restrictions frequently ‘run with the land’ and are enforceable on future buyers of the property. Examples might be to maintain a property in a reasonable state of repair, to preserve a sight-line for a neighboring property, not to run a business from a residence, or not to build on certain parts of the property.
Many covenants are very simple and are meant only to protect a neighborhood from homeowners destroying trees or historic things or otherwise directly harming property values. Some can be more specific and strict, outlining everything a homeowner can do to the exterior of their home, including the number of non-familial tenants one may have, acceptable colors to re-paint the home, exactly when holiday decorations are allowed up, automobile placement or repair on property, satellite placement, etc.
A set of rules or guidelines regarding the operation of a non-profit corporation such as a Board. Bylaws generally set forth definitions of offices and committees involved with the Board of Directors. They can include voting rights, meetings, notices, and other areas involved with the successful operation of the Association.
The declaration, bylaws, operating rules, articles of incorporation or any other documents which govern the normal operating procedures of an association.
A monetary claim levied against a property for unpaid mortgage, taxes, contractor work, or other charges. A lien is attached to the property, not the owner, but legally must be recorded in the property records of the county of residence. If a Lien is in place, the property owner has very limited ability to do anything involving the property until the Lien is satisfied or removed.
The Declaration is the recorded document that creates the community and defines it in the public records. It establishes the boundaries of each unit or lot and of the common areas, states each owner's share of the common expenses and voting rights, and sets out the covenants and restrictions binding on every owner. Because it is recorded against the land, the Declaration binds all present and future owners, and where it conflicts with the by-laws or rules, the Declaration generally controls. In Florida, the declaration of condominium is the instrument that submits the property to condominium ownership.
An estoppel letter is used in a transfer or conveyance of real property prior to the Closing transaction. The document is sent to a bank (or other lender), to an HOA (or Condo Association), to a city/municipality, or a tenant requesting payoff of a mortgage, assessments or taxes due, or rental amounts due on a lease, to incorporate these amounts into the Settlement Statement for the buyer and seller of the real estate. Assessments and payments due must be incorporated into the amounts due at Closing and paid at the time of the Closing. Some amounts may be pro-rated, but all must be included in the Settlement Statement. The estoppel letter is the document that facilitates this process.
An interest or a right in real property which grants the ability to a landowner to use the land of another for a special purpose or endeavor. An association may for example have an easement for slope maintenance or other repair purposes. A public utility may also have an easement for maintenance or repair work to be executed at a future date.
Similar in essence to a lien, the Notice of Noncompliance is a document sometimes authorized under the CC&Rs and may be recorded in the county property records. Its essential purpose is to notify prospective buyers that the property is in violation of the documents.
General Terms
Any area of improved real property intended for shared use by the members of an association.
An Ordinance is an individual or set of laws adopted by local government at the county and city level.