Frequently Asked Questions

Q: What is a Community Association Management company and what do they do?
A: A community association management company is contracted by the Board of Directors to provide services such as collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports. They also serve as a general clearing house for problem solving, communications with homeowners and serve in an advisory capacity to the Board of Directors. The community association management company reports directly to the Board and all decisions are made by a majority vote of the Board of Directors.
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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 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 Declaration of Covenants, Conditions and Restrictions (CC&R's) are the governing legal documents that set up the guidelines for the operation of the community as a non-profit corporation. The CC&R's were recorded by the County Register of Deeds 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.
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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.
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Q: What is the Board of Directors?
A: The Homeowner's Association 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's governing documents.
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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, common area restrictions, architectural control, etc. These rules and regulations 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.
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Q: What can I do if I am having a problem with a neighbor who is violating the association's rules and regulations?
A: If residents cannot resolve a situation between themselves, they turn to their association through the Board of Directors. 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 Rules and Regulations, you may contact the management company. If the situation is deemed in violation of the Rules and Regulations, 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 homeowners?
A: Board meetings are typically not open to the public. Should you wish to attend, please contact the management company.
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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.
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Q: How is the amount of my assessment determined?
A: The Department of Real Estate in each state 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 that require replacement such as roofing, paving, painting and pool equipment. These amounts are then divided by the number of units built in a given phase of the development or by a unit's percentage interest in the association. Subsequent budgets are developed by the Board of Directors and adjusted periodically to meet anticipated expenses.
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Q: Will my assessment increase?
A: Typically the CC& R's provide for annual increases. Many CC&R's have a maximum increase 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. In addition, the CC&R's allows the association to assess interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments.
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Access Property Management  |  PO Box 33218, Charlotte, NC 28233  |  704.334.4896 (phone)  |  704.943.4495 (fax)