• Cash Method of Account -income and expenses are only recorded when cash changes hands. Financial reports only reflect cash transactions. This is a relatively simple system for simple situations. Because all obligations are not recorded until cash changes hands, this method does not provide an accurate portrayal of the financial condition of the association at any given time.
• Accrual Method of Accounting -keeps track of all financial activities, including revenue as it is earned (as opposed to when it is received) and expenses as the obligation is incurred (as opposed to when it is paid). This makes possible a more accurate determination of the financial condition of the association at any point in time. Also, this is a better method for multi-year tracking of capital reserves credits and deficiencies. The primary disadvantage is the greater complexity and technical knowledge that is needed to maintain the records, understand the reports, etc.
• Capital Reserves -the Board has the obligation to repair and replace major capital facilities, buildings, and equipment of the association. The ideal method of providing for these future expenses is the establishment of a capital reserves system and budget to assure that such funds are available when needed. With knowledge that the future holds predictable major expenditures for repair and replacement of facilities and equipment, the association could begin the gradual accumulation of funds through a reserve account to meet all or a portion of that expense when it comes due.
• Most care a great deal about residences
• Will want service from manager and decisions from Board that will provide a good quality of life
• Problems may arise when expectations are too high or not realistic; this can occur when interests are too specialized or unique

How can we find a common sense approach to Board Meeting minutes? Here are some helpful facts and information to guide you:

Fact 1 – Minutes are the official record of the actions taken by the Board at the meeting. They are not a transcript of the meeting. They are a reflection of what was done, not what was said. As their name implies, “minute” means “small” and “minutes” should be brief.

Fact 2 – Bad meetings produce bad minutes. The Board of Directors should follow parliamentary procedure or at least have an understanding of the fundamentals of running a meeting. Having an agenda and using it as a guideline to run the meeting will help the Secretary in taking the minutes. A well-run meeting is the first step to good minutes.


Fact 3 – All motions made at a meeting should be included in the minutes whether or not they were approved. It is especially important to list the Board Members who dissented in a vote so they are not responsible for the consequences of an action.

Fact 4 – Financial transactions such as opening a bank account, closing a bank account or expensing money out of the reserve account must be noted in the minutes. At the end of each year, if your association has a financial review or an audit, the CPA will read the minutes to verify that all financial transactions were approved by the Board of Directors.

Fact 5 – If there is no quorum at a meeting, do not take minutes. It is not a legal meeting. If a meeting is not held because there is no quorum or because the meeting is canceled, a page noting there was no meeting should be added to the minute book or you can incorporate it in the next Meeting minutes. The fact is you will never remember why you only have 11 months of Meeting minutes three years from now when they may be needed for a court case.

Fact 6 – Minutes are a legal document. After the minutes are approved, they become part of the legal record of the association and may be used in a court of law to justify a Board’s action. When writing minutes, ask yourself, “Could I read these before a judge and jury?” Is there anything in them that would incriminate the Association? Is the wording clear enough to explain why an action was taken to protect the Association?

Fact 7 – The minutes of a Board Meeting become the official record of the Association only after they are approved by the Board of Directors at the next meeting when a quorum is present. At that time, the Secretary should sign the minutes to make them official and the approval is stated in the minutes.
 

The follow information should always be including in Board Meeting minutes:

• The name of the association and the type of meeting (monthly, quarterly, special meeting, etc.).
• The date and place of the meeting.
• The time the meeting is called to order and adjourned.
• Board members who are present and/or absent and their offices.
• Approval of the previous minutes.
• Report of the officers and Committee members.
• The business of the meeting.
• All motions made at the meeting and the action that was taken. Note who voted for a motion, who dissented, and who abstained from voting because of a conflict of interest.
• Minutes should always be signed by the Association Secretary after they have been approved by the Board of Directors.

It is important to remember who reads the minutes of your Association. More and more, new owners, lending institutions, realtors, bankers, and mortgage companies are requesting twelve (12) months of minutes for sales transactions. The minutes of the association can play an important role in both legal and financial business. Approving Board Meeting minutes is one of the most important actions taken at a meeting. The next time you approve minutes, make sure they are accurate and reflect all actions taken at the meeting. They will become a part of the legal record of the association.
 

How would you rate your minutes?

Collection Policy for Delinquent Accounts

WHEREAS the board of directors of the association is charged with the responsibility of collecting assessments for common expenses from homeowners pursuant to Article _______, Section ______of the declaration; and
 

WHEREAS the member assumes all responsibility for providing the Association a current mail address differing from the physical property address in the Association, now and in the future, then agrees to the timely delivery of funds from member to Association by the due date (the date of payment is the date received, not postmark); and
 

WHEREAS from time to time homeowners become delinquent in their payments of these assessments and fail to respond to the demands from the board to bring their accounts current; and
 

WHEREAS the board deems it to be in the best interests of the association to adopt a uniform and systematic procedure for dealing with delinquent accounts in a timely manner, and further believes it to be in the best interests of the association to refer these accounts promptly to an attorney for collection so as to minimize the association’s loss of assessment revenue; and
 

WHEREAS the board has retained the association’s attorneys for their experience in representing condominium and homeowners associations in collections and other matters; and
 

WHEREAS the board has directed the association’s attorneys to represent the association on the terms outlined in the resolution;
 

NOW, THEREFORE, BE IT RESOLVED that the association’s attorneys shall pursue all collection and other matters which the board, acting through the manager, may from time to time refer to them and to provide any advice and counsel which the board may from time to time require; and
 

BE IT FURTHER RESOLVED that the manager, acting on behalf of the association, shall pay the association’s attorneys their usual and customary charges for time incurred in connection with their representation of the association, together with all costs incurred by the firm, including but not limited to fees and charges for filing, service of process, messenger service, photocopies, postage, long distance calls, investigator’s services, credit reports, and title reports, promptly upon receipt of the monthly invoice; and
 

BE IT FURTHER RESOLVED that pursuant to the Declaration and there is hereby levied against any assessment account which is not paid in full as of the fifteenth (15th) day of the month a late fee in the amount of $25 or 5% of the Assessment amount, whichever is greater, which the manager is authorized and directed to charge to and collect from any delinquent homeowner. That the unpaid amounts shall accrue daily interest at the highest rate allowed; and
 

BE IT FURTHER RESOLVED that any payment received shall be applied first to any accrued interest, then to any administrative late fee, then to any costs and reasonable attorney’s fees incurred in collection, fines or other unpaid charges and lastly to the delinquent assessment. All payments by member shall be in the form of personal check, certified funds, money order, credit card or wire transfer; No cash payments are to be accepted. Manager shall have authority to collect from member a reasonable fee for any online or credit card payments. Any personal check returned shall be subject to an additional fee of no less than $25 or 5% of the value of the check issued, whichever is greater and that any future payment shall be made in certified funds; and
 

BE IT FURTHER RESOLVED that the manager is directed to send to any homeowner who is more than fifteen (15) days delinquent in the payment of regular or special assessments, or other charges authorized by the association’s governing documents (hereinafter referred to as “assessments”), a written notice (hereinafter referred to as the “First Notice”) of the late fee and a request for immediate payment; and
 

BE IT FURTHER RESOLVED that the First Notice sent by the manager to the delinquent owner shall also state that unless the owner disputes the validity of the debt, or any portion thereof, within thirty (30) days after receipt of the notice, the debt will be assumed to be valid; and if the owner notifies the manager in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the manager will obtain verification of the debt and a copy of such verification will be mailed to the owner by the manager; and
 

BE IT FURTHER RESOLVED that the First Notice and the Second Notice sent by the manager to the delinquent owner shall state that any request for special consideration of hardship circumstances, including all reasons why the board should consider the request, must be submitted in writing to the board before the assessment becomes sixty (60) days delinquent, together with a request for a hearing, or in the alternative, a request that the determination be made by the board based on the written request, and if not so submitted, then such request shall have been deemed waived; and
 

BE IT FURTHER RESOLVED that the manager is directed to send to any homeowner who is more than one (1) month delinquent in the payment of assessments written notice (hereinafter referred to as the “Second Notice”) that, if the account is not paid in full within fifteen (15) days, a Notice of Claim of Lien will be recorded and a copy thereof will be forwarded to any lender with a mortgage against the unit; and
 

BE IT FURTHER RESOLVED that the manager is directed to file a Notice of Claim of Lien against the delinquent unit as described in the letter to the homeowner and is further directed to send a copy thereof to the homeowner’s lender if the homeowner’s assessments remain delinquent for fifteen (15) days after the date of the Second Notice; and
 

BE IT FURTHER RESOLVED that the manager is directed to send to any homeowner who is more than sixty (60) days delinquent in the payment of assessments, a written notice (hereinafter referred to as the “Third Notice”), that if the account is not paid in full within ten (10) days it will be turned over to the association’s attorneys for collection and the homeowner will be liable for payment of all charges imposed by the association’s attorneys to cover fees and costs charged to the association; and
 

BE IT FURTHER RESOLVED that the manager is directed to refer any account which remains delinquent for ten (10) days after the Third Notice to the association’s attorneys for collection and to accelerate the total amount of assessment due by sending a notice of acceleration to the owner via certified mail, return receipt requested; and
 

BE IT FURTHER RESOLVED that the manager is directed to consult with the association’s attorneys and turn over for collection immediately any account where the owner files or is the subject of a petition for relief in bankruptcy or a lender has commenced any action for foreclosure of its lien against the unit; and
 

BE IT FURTHER RESOLVED that the membership rights of any owner whose account is thirty (30) days past due may be suspended at any time at the discretion of the board during the period that any installment, charge or assessment remains unpaid, subject to the terms of the governing documents; and
 

BE IT FURTHER RESOLVED that the following policies shall apply to all delinquent accounts turned over to the association’s attorneys for collection:

1. All contacts with a delinquent homeowner shall be handled through the association’s attorneys. Neither the manager nor any association officer or director shall discuss the collection of the account directly with a homeowner after it has been turned over to the association’s attorneys unless one of the association’s attorneys is present or has consented to the contact.
2. All sums collected on a delinquent account shall be remitted to the association in care of the association’s attorneys until the account has been brought current.
3. The association’s attorneys’ minimum legal fee shall be assessed against each delinquent unit and its owner (including repeat offenders) when the account is turned over to the association’s attorneys for collection. That amount shall be credited against the fees and costs actually incurred in the collection of the homeowner’s account. All legal fees and costs incurred in the collection of a delinquent account shall be assessed against the delinquent unit and owner and shall be collectable as an assessment as provided in Article ____, Section ____ of the declaration.
4. In the event that a delinquent unit is rented by its owner, the association’s attorneys are authorized, pursuant to Article ________, Section _______ of the declaration, to demand and collect the rent from the tenant in the unit.
5. Where at the expiration of the period specified in the association’s attorneys’ demand letter, an account remains delinquent and without a payment plan embodied in a signed Stipulation for Judgment, or in the event of a default under the terms of either agreement, the association’s attorneys are authorized to take such further action as they, in consultation with the board president, believe to be in the best interest of the association, including but not limited to:
   
   • Filing suit against the delinquent homeowner for money due pursuant to the declaration,
   • Instituting a nonjudicial action for foreclosure of the association’s lien, pursuant to Declaration; or
   • Filing a proof of claim in bankruptcy; or
   • Instituting a judicial action for foreclosure of the association’s lien, pursuant to the Declaration, and seeking the appointment of a receiver for the unit pursuant to the Declaration; and

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to all homeowners at their last known addresses.
This resolution was adopted by the board of directors on _________, 20 __, and shall be effective on ___________, 20__.

President __________________________
Secretary __________________________

Community Associations help retain and improve the standard of living and property values within a community. While all owners sometimes wish that a particular restriction did not apply to them, most are grateful that the restrictions apply to their neighbors. In some cases their neighbor may not own the home; but have leased the home.
 

Through the direction of your Board of Directors, the Management Firm should serve your community by coordinating common needs, overseeing and enforcing the governing documents (Covenants, Conditions and Restrictions, Articles of Incorporation, By Laws, Design Guidelines and Rules & Regulations). The communities governing documents may allow rentals; but in most cases the governing documents are not specific and allow broad interpretation. An example of the verbiage may be “each residential dwelling unit constructed on the Property may be occupied only by a single-family. Any dwelling unit may be rented to a single-family tenant from time to time by the owner, subject to the Association Rules”. Unfortunately for some community associations, especially the owner living next to the non-compliant renter, governing documents that are not specific or silent allow on-going problems and aggravations.
 

The following is an example of how community Board of Directors can clarify the governing documents Covenants, Conditions and Restrictions (“CC&R’s”) with a Resolution:

RESOLUTION OF THE BOARD OF DIRECTORS OF
(NAME OF HOMEOWNERS ASSOCIATION)
RELATING TO RENTAL RESTRICTIONS

The Board of Directors of the (association name here) (“Board”), having duly noticed and convened a meeting of the Board pursuant to (quote _.R.S., article and section here) for (association name here-recorded as Instrument No.), in the records of ____ County, (State) (“CC&R’s), hereby adopts the following resolution by a majority vote;

WHEREAS, under the present policy stated in (state article, section of CC&R’s here) and Rental Resolution dated _______, 200_ , WHEREAS, circumstances have arisen that indicate to the Board that the best interest of the Association are best served by allowing Owners to rent or lease their Dwelling Units for a term of not less than six (6) consecutive months, and require owners provide rental information and a transfer fee to the Association. Further, in accordance with the single-family occupancy requirements of (state article, section of CC&R’s here), timeshares will not be permitted;

WHEREAS, having duly deliberated on and investigated the policy on rental restrictions, the Board adopts the following Resolution to be inserted in the minute book of the corporation;

IT IS HEREBY RESOLVED: Owners shall not rent or lease their Dwelling Unit for a term of less than six (6) consecutive months. Nor shall any Owner enter into any timeshare or other transaction that has the effect of a timeshare for a term of less than six months (6). Leases shall be for terms of not less than (6) consecutive months. The owner shall not be required to divulge the monetary consideration for the lease, conditions of the lease that pertain to options to purchase or the credit history of Tenants. Upon request of the Board, the Owner shall provide the Board with a copy of the lease, and any amendments or extensions of the lease. On all rentals, the Owner and Tenant shall fill out the attached Residential Control Form and Crime-Free Lease Addendum, or as later modified by the Board. The Owner must also pay a $200.00 registration fee to the Association not less than yearly for each rental transaction;
THIS RESOLUTION was adopted on (date adopted) after full deliberation and a majority affirmative vote of the Board.

_________________________	_________________________
Director	Director
_________________________	_________________________
Director	Director

Once the Rental Resolution has been adopted, a copy of the Resolution must be sent to the community membership before the Rental Resolution may be enforced. Notification (mailing of the Rental Resolution to membership) requirements differ for each communities Governing Documents or state requirements, so be sure to verify the time frame between notification and enforcement.
 

The following is a sample letter, rental control agreement form and crime-free lease addendum that should be mailed to all off site owners.

Name of Owner
Address
Address

Lot ______

Dear Owner,

This letter is being sent to all off-site Owners in (Name of Community). Pursuant to the CC&R requirements noted below and to update the Associations Owner records, please complete the forms included with the letter and return as specified below by ____________.

A copy of the CC&R’s, Paragraph ____, is enclosed. There are two forms included with this mailing, Rental Control Agreement Form and Crime-Free Addendum to be attached to the lease that covers rentals of homes within (Name of Community). Please be aware you must complete a (state name) form supplied by the state, and it must be completed and submitted to the ____ County Assessor’s Office for all residential rental property. If your home is a rental and is not being assessed as a rental, the state can impose a fine of $_____. This is a State Statute requirement covering Residential Rental Property. If you have any question regarding this form, please contact the ____ County Assessor’s Office.

Please be sure to include a copy of the Rental/Lease Agreement along with the completed Community Non-Resident Owners Renter/Lessee Information Form and return the completed form along with Renter/Lessee Agreement with the Crime–Free Addendum to the address noted above. If you have any questions regarding completion of the Association Non-Resident Owners Form, please contact (Name of Management Firm) at the telephone number or address noted above, or you may e-mail.

Thank you for your cooperation in completing and returning the Association Form expeditiously so that the Associations records can be updated.

Sincerely,

 

Rental Control Agreement Form
(Association name here)

Member (Landlord) Name: ____________________________________ Lot#: ________
Property Address: _________________________________________________________
Member Mailing Address: __________________________________________________
Member Social Security Number: ____________________________________________
Name of Management Company (if applicable): _________________________________
Address of Management Co.: _______________________________________________
Management Co. Phone: ____________________ Representative: __________________
Tenant Name: ___________________________________ Length of Lease: __________
Tenant’s Phone: _____________________________ Number of Children: ___________
Number of Vehicles on Property: _______________
Vehicle No. 1: License #: ______________ Make: _____________ Color :__________
Vehicle No. 2 License #: ______________ Make: _____________ Color: __________
Signed Crime Free Lease Addendum Attached: Yes ______ No______
Rental Property Registration Number: _________________________________________
Date of Payment of Registration Fee: _________________________________________
I (we), __________________________________________________________________
____________________________ have received, read and agree to abide by the CC&R’s, By-Laws and Rules and Regulations of (association name here) (and as altered or amended) knowing that if they are not adhered to, I will ultimately be fined for violations. All the parties acknowledge and agree that (association name here) is a third-party beneficiary of the rental agreement and can enforce all its terms against the tenant and can enforce all remedies under the Arizona Tenant and Landlord Laws against the tenant for violations of the Association’s Community Documents and the rental agreements. The rights granted to the Association herein specifically include the right to evict the tenant(s). The Member expressly grants to the Association a Power of Attorney for these purposes, coupled with an interest. In no event may less than an entire unit be rented.

_________________________	_________________________
Signature of Tenant	Date
_________________________	_________________________
Signature of Member (landlord)	Date

Please return this completed signed and dated form to us using the enclosed self-addressed envelope.

 

Crime Free Lease Addendum
________________________________________
In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident agree as follows:

Resident, any members of the resident’s household or a guest or other persons affiliated with the resident:

1. Shall not engage in criminal activity, including drug-related criminal activity, on or near the said premises. “Drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use an illegal or controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C.802])
2. Shall not engage in any act intended to facilitate criminal activity
3. Shall not permit the dwelling unit to be used for, or to facilitate criminal activity, regardless or whether the individual engaging in such activity is a member of the household, or a guest
4. Shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of an illegal or controlled substance as defined in _.R.S. (section), at any locations, whether on or near the dwelling unit premises
5. Shall not engage in any illegal activity, including prostitution as defined in _.R.S. (section), criminal street gang activity as defined in _.R.S. (Section) and _.R.S. (section), threatening or intimidating as prohibited in _.R.S.(section), assault as prohibited in _.R.S. (section), including but not limited to the unlawful discharge of a weapon, on or near the dwelling unit premises, or any breach of the lease agreement that otherwise jeopardizes the health, safety, and welfare of the landlord, his agent, or other tenant, or involving imminent or actual serious property damage, as defined in _.R.S. (section)
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation, and a material and irreparable non- compliance. It is understood that a single violation shall be good cause for immediate termination of the lease under _.R.S. (section), as provided in _.R.S. (section). Unless otherwise provided by law, proof of violation shall not require a criminal conviction, but shall be by a preponderance of the evidence
7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern
8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and Resident.

_________________________	_________________________
Signature of Landlord	Date
_________________________	_________________________
Signature of Tenant	Date

Community Board of Directors and Management Firms are not trying to eliminate the right of an owner’s ability to lease their home or imply that all tenants are in non-compliance with the governing documents or bad neighbors. We are only stipulating a clarification to the Covenants, Conditions, and Restrictions.
 

Working as a partner with the Board of Directors and Committees the Management Firm should strive to preserve a beautiful community by keeping it a safe, healthy and happy place to live; but it is also the responsibility of all homeowners of the community.

The Association reserves the right to make and enforce such other reasonable rules and regulations as in its judgment may be deemed necessary or advisable from time to time to promote the safety, care and cleanliness of the premises and for the preservation of good order therein. It is understood and agreed between the Association and the Owner/Occupant that no assent or consent to changes in, or waiver of any part of this indenture, in spirit or letter, shall be deemed or taken as made, except the same be done in writing and endorsed hereon by the Association. Association reserves the right to alter, amend or modify these rules and regulations and also to promulgate new and additional rules and regulations at any time and in such event such altered, modified, amended or new rules and regulations shall become a part hereof and shall have the same force and effect and be binding upon the Owner/Occupant to the same extend as if incorporated herein at the time of execution of this document.
 

Notice of Violation Process: Any member or the Manager in behalf of the Board of Directors may report a violation of the Rules / Regulations or Covenants. The Board shall then authorize a written notification be sent. This notice may be sent via email, fax, postal service or hand delivery. The member shall receive a written “Notice of Violation” letter itemizing the violation and allowed (14) fourteen days to cure from the date of letter.
 

Fine Levy Process: Any member having been sent a “Notice of Violation” and having not responded to or cured the violation, or has repeated the violation within a (1) one year period shall receive a “Notice of Fine” letter, thereby imposing a daily fine to the limits established. Any violation of the Rules / Regulations or Covenants of the Association shall incur a daily fine of $25 per day to a maximum of $1,000 per incident. Fines must be paid with (15) fifteen days from the initial “Notice of Fine” letter date and shall be subject to late fee, interest charges and other remedies for collection as incurred. The payment of a fine shall not prevent the Association against the civil enforcement remedies allowed of which the prevailing party may be entitled to recovery of reasonable attorney fees and costs.
 

Appeal / Dispute of Fine Process: Any member may appeal/ dispute a fine by submitting a written statement within (7) seven days of the “Notice of Fine” letter. The Member must provide written notice to the Association Manager for hearing before the Covenants Committee which shall hear the matter within (30) thirty days. This process shall not hinder or otherwise waive the requirement of the Member to cure the Violation.
Architectural Review Process: As required by the Association documents, written application must be made to the Association for different events, including and not limited to, alteration or modification of structures and the landscape, which may be fences, planting trees, painting your property, adding driveways, etc. This written request must be made prior to the start of work by providing a complete narrative of when work is to start, the complete scope of work intended with a description of material specifications (size, color, type, etc) and the location of the work (typically a diagram), then an estimated completion date. Submission of this request should be done via fax, email or postal mail with delivery confirmation. A meeting will be called to order for the consideration of your request and a timely reply issued to you in writing and made part of the Association Official records. Currently, the Association Manager shall be the contact of submission.
 

1. All Covenants, Conditions and Restrictions of the Association shall be included as a part of the Rules and subject to the fine schedule.
2. Nuisance:
   No Trash Receptacle shall be visible or remaining on street past day of collection
   No soliciting
   No signs to be displayed, except one(1) for sale sign under (2)sqft
   No offensive, illegal, immoral, annoying or noxious activity allowed
3. Vehicle:
   No Boat Parking within view
   No utility trailers, motorcycles or RV, except in enclosed garage
   No RV extended parking (only allowed 48hr per week – no dwelling)
   No Inoperable / Unlicensed vehicle parking within view
   No commercial or vehicles with signs allowed in driveway/street
   No overnight street parking of any vehicle
   Excessive Noise
   Illegal Parking on Public Roadway: Escambia County Parking Enforcement – (850) 436-9350
   Illegal Parking on Private Property: Call any towing company, vehicle owner is responsible.
4. Landscape: (reference Association covenants)
   All lawns must be Mowed/Trimmed
   Grass to Concrete edging required
   Shrub / Tree maintenance required
   Bedding maintenance required
   Debris / Trash to be collected/removed
   Comments: No grass shall not exceed 6” in height and shall not grow over any concrete area (walks, drives, curbs). Areas to be maintained include easements, greenbelts and all areas owned or controlled by member. Each member shall irrigate.
5. Pets:
   Number of pets cannot exceed (4) household pets
   No commercial pet use or breeding allowed
   Member/Guests must leash and control pet at all times
   Failure to collect/remove pet waste
   Noise nuisance – pet must be silenced
6. Prohibited Fixtures / Structures:
   No visible antennas/satellite dish allowed within view of street or commons
   No basketball goals visible from street when not in use
   No clotheslines may be erected
   No outdoor cooking facilities within view of street
   No window air conditioning systems allowed
   No carports allowed
   No temporary structures allowed (tents, trailers, or any building)
7. Easement / Setbacks / Zoning / Use:
   Setback violation noticed
   Owner should maintain Easement Landscape
   Construction/Improvement without ARC approval
   Zoning Violation noticed
   Property to be used for Residential Use only – No business activity
   No Motorized Devices on Greenbelt (except ADA approved)
8. Work Performed without ARC approval:
   No Mailbox may be replaced or relocated without ARC approval
   No Fence may be installed or painted without ARC approval
   No Exterior Improvement (siding, painting, lighting) without ARC approval
   No Permanent Structures altered or installed without ARC approval
   (Pools, Concrete, Storage Buildings, Enclosures, Play Equipment, etc)
   No Construction/Improvement without ARC approval
   No Landscape planting without ARC approval

What are your rights as an owner?
Can you speak at or hold your own meeting?

Download This Free Guide Book

Whether you are a homeowner, real estate investor, or community association professional, this guide will help you provide a solid introduction to community association living to your tenants, prevent communication breakdowns that lead to problems and give tenants a stake in the community. Chapters include specific, hands-on steps for the board, the manager and the owner, as well as a section on short-term leasing.
 

Model documents include sample amendments and resolutions, leasing agreements and addenda and a tenant information form.

Governing Documents

• All documents that regulate the community life
• Documents may vary depending on type of Association (condo, townhome, etc.)
  • State law: F.S. 718 Condominiums; F.S. 720 Homeowner Assoc
  • Declaration of Covenants or Master Deed
  • Conditions and Restrictions
  • Bylaws
  • Rules and Regulations
  • Plats of Survey and Easement Agreements (may be separate, often included in the declaration)

 

Basic Condominium/Townhome Legal Documents

• State Enabling Statute -permits the creation of condominium/townhome form of ownership and prescribes the basis of determining ownership interest, rights and obligations of the owners, duties and powers of the association, and the process of dissolution of the condominium
• Subdivision of Condomimium/Townhome Plat -describes the location and nature of the common elements and the units
• Condominium Declaration or Master Deed -defines the units, common and limited common elements, and is the collection of covenants imposed on the property to provide for:
  • The basis for allocation of percentage ownership interest
  • The obligation of each owner to share in funding the cost of association operations
  • The power, authority, and responsibility of the association in its operations and in making and enforcing rules
• Individual Unit Deeds -comprises the individual unit deed
• Articles of Incorporation -creates the association as a corporation under state corporate statute and defines its membership and sets forth the process for creating the board of directors, voting procedures, etc.
• Bylaws -implements, in specific detail, the provisions of the Declaration and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process
• Rules and Regulations -sets forth the operational powers or provisions and the use restrictions adopted by the association

Legal Docs for Homeowner Associations and the Hierarchy of such Documents

• Subdivision Plat -describes the location and nature of the common property and the individual lots
• Property Deeds -comprise the individual lot deeds and the deeds to common property which give a legal description of the property
• The Declaration of Covenants, Conditions, and Restrictions -the declaration of CC&R’s is the collection of covenants imposed on all property within the development and provides:
  • For automatic association membership of all owners and the basis for voting rights
  • The obligation of each owner to share in funding the cost of association operations
  • Certain restrictions (architectural control and other rules) on the use of the property and the association’s enforcement powers
  • Sets forth the power and authority of the association to own and maintain the common property and to make and enforce rules
• Articles of Incorporation -creates the association as a legal entity under state corporate statute; defines the board powers and responsibilities of the association and its membership; and, sets forth the process for creating the board of directors, voting system, etc.
• Bylaws -implements, in specific detail, the provisions of the CC&R’s and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process
• Rules and Regulations -sets forth the operational powers or provisions and the use restrictions adopted by the association

Applicable Civil Rights Laws

• Prohibition against racial discrimination as stated by the Civil Rights Act of 1866
• Equal Credit Opportunity
• Fair Housing Amendments Acts, 1988, applies to sale of residence
  Does not prohibit discrimination by owners, if selling or renting as long as they own 3 or less homes
• Board is prohibited from discrimination in exercising its 1^st right of refusal
• Association must abide by laws prohibiting discrimination against families with kids
• Persons with disabilities (at own expense) must be allowed to make accommodations per the Americans with Disabilities Act, 1993

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How Community Associations Maintain Common Areas

A good landscape maintenance program is essential to the health and longevity of a community’s trees, turf, and shrubs—and its aesthetic value. This concise guide explains how to develop that maintenance program and lists specific practices to apply to trees, turf, and shrubs. Find out how to hire the right contractors and how to delegate to a landscape committee.
 

Includes a grounds maintenance checklist, sample lawn care calendar, sample landscape specifications, and advice for repairing damaged turf. Lists the advantages and disadvantages of staff maintenance and contractor maintenance. Discusses soil conditions, aeration, watering, pruning, fertilization, mulching, disease and pest treatment, and weed control.

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• Residents volunteer for many reasons that benefit themselves and the community association.
• Many people will volunteer just because they’re asked. Use every means and contact every resident with a meaningful request for service.
• Community associations must motivate residents to act and move them in an appropriate direction. Understanding volunteers’ needs and supporting their efforts will keep them working effectively on the community’s behalf.
• Recognizing volunteers for their contributions is critical to an association’s ongoing recruitment efforts.
• Committees are the backbone of many successful community associations. Organizing and supporting committees is an essential role of the board.