What is
a homeowners association?
The Association is a legal corporation organized and incorporated under the laws
of your state. The Association has Articles of Incorporation that entitle the association
to exercise powers of a corporation. By purchasing a home within your community
association, you automatically become a member of the association and will remain
so for as long as you own your home. Membership in the association is mandatory
and automatic for all owners. The deed to each lot and/or parcel specifically designates
that the property owner will comply with the Covenants, Conditions, and Restrictions
(CC&R’s) of the association. You should have received a copy of these documents
at the time your home purchase was closed by the title company. As a property owner
in a community association, you will be required to pay assessments, abide by the
community’s rules and restrictions and maintain those areas of your home for which
you are responsible.
What are
open records for members?
Records and reports of the association are available to the members based upon law
established under your state. For specific information on what is available to you
as a member, please contact the management company.
What empowerment
does the membership have?
Pursuant to the Bylaws:
- Election of the Board of Directors
- Removal of a member of the Board of Directors
- Call for a special meeting of the members pursuant to the bylaws
Pursuant to the CC&R’s
- Voting on increasing the maximum annual assessment, if over a set amount
- Voting on amendment to Articles, Bylaws, and CC&R’s
What is
the purpose of a Board of Directors and what is their Role?
Your Association is for profit or non-for-profit corporation incorporated in the
State of Florida. As such, the Board’s responsibility is to run the business of
the corporation. The board has a fiduciary responsibility to the stockholders or
owners of the corporation. This includes timely collection of assessments as well
as payments made for services provided to the Association. In general, the Board
Members are the decision makers for the Association. The Board of Directors is individual
homeowners who live within the same subdivision and who are elected to that position
by the members of the Association. All affairs of your association are governed
by the Board of Directors. If you are living in an Association that is still being
developed, the members of the Board may be appointed by the developer of your community
until such time as control of the association transitions to you the homeowners.
Who makes
up the Board of Directors?
The directors are owners, like you, that are elected by the membership.
What empowerment
does the Board of Directors have?
Pursuant to the Bylaws: (includes, but is not limited to)
- Fill a vacancy on the Board of Directors
- Establish rules and regulations for the association
- Set the Annual Assessment rate
- Contract for services of the association (management, landscape, maintenance, etc)
- Use and disburse association funds
- Establish committees
- Enforce the CC&R’s
- Elect officers for the association
- Prepare the annual budget
- Insure the association
- Invest excess funds controlled by the Association
Pursuant to the CC&R’s
- Establish an architectural review committee
- Collect assessments
- Establish the standard of care for the maintenance of the common areas
- Interpretation of the wording in all governing documents
How is
the Board of Directors elected? What is the election process?
The members of the association vote to elect the Board of Directors (unless the
association is still under declaring control). Each association has specific bylaws
outlining the process for board elections. Generally speaking, the board elections
take place on an annual basis either prior to (in the case of absentee ballots)
or at the annual meeting of the members (proxies and ballots). Positions usually
become vacant and are normally filled during your Annual Meeting. During the Annual
Meeting a vote via a secret Ballot is taken for the nominees who are running for
a position on the Board. Those voting must also be in Good Standing in order for
their vote to count, all the votes will then be tallied and the results announced.
Boards of Directors can have more than one position when their position consists
of two roles i.e., Secretary / Treasurer.
Can anyone
run for the Board or who can be elected?
Anyone can be a Director as long as they are in Good Standing. Individuals who volunteer
their time to be / run for the Board of Director or to serve on a Committee are
people who have the time to serve the Community and are well informed about the
legal documents for their subdivision. This is strictly voluntary and there is no
compensation for their efforts except for the fruits of their labors shown at the
end of the year.
I don’t
want to run for the Board but would like to assist in a Committee? What are the
requirements?
The Board shall appoint other committees as deemed appropriate to carry out its
purpose and delegate to said committees such powers and duties required to execute
and enforce the committee’s responsibilities. Shall perform such functions as directed
by the Covenants and shall advise the Board on all matters pertaining to their Committee.
What are
a Proxy and its purpose?
The definition for Proxy is “the function or power of a person authorized to act
for another. The person so authorized.” The purpose of a proxy is important as it
allows for voting and establishing a quorum in order for business to be conducted.
Is it
mandatory I complete it if I’m not attending the meeting?
A Proxy Form must be completed if you do not plan on attending the meeting be it
Special / Annual. The form should be completed and signed by you the homeowner naming
your proxy holder such as your Neighbor or it can be the Secretary of the Board
or the Board themselves but it must be presented prior to the opening of the meeting
and the proxy holder needs to be present at the meeting. It is recommended that
if you are unable to attend the meeting that you exercise your right as a homeowner,
in good standing, to vote by proxy. This allows for a quorum to be met.
What are
association committees?
In general, each association will have mandatory committees (e.g. architectural
review committee and/or nominating committee). An Association may also have standing
committees (e.g. finance, landscape, newsletter). There may also be ad-hoc committees,
temporarily created for specific one-time items (e.g. selection of a refuse provider).
Members of committees are appointed and removed by the Board of Directors. The primary
function of the committee is to render a recommendation to the Board on the subject
matter of their committee. This recommendation, once delivered to the Board of Directors,
is then approved/rejected by the Board.
What are
my options of communication when it comes to contacting my Community Manager or
Board of Directors?
Your Board of Directors can only be reached through your Community Manager. However,
you have plenty of options when it comes to communication. You can call your Community
Manager at 866-610-4415 during the hours of 9:00 am - 5:00 pm, you can email your
Community Manager at their individual email address or you can put your request,
issue or concern in writing to 17302 NW 74 Ave Unit#102 Miami, FL 33015. One Property
Management also provides for all of their clients a group of cross trained individuals
in our Customer Service Department that are always available to help you in a variety
of situations.
Why can’t
I get the names, addresses, and phone numbers of my Board of Directors? Don’t they
work for me?
Your Board of Directors makes decisions for your Association. However, they volunteer
for these positions and receive no money for the jobs that they perform. One Property
Management represents the Board and your Association, which entails being a contact
for all communications addressed to the Board. Also, legally we are not allowed
to give out personal information of any homeowner including your Board of Directors.
Is there
one vote per family member?
Homeowners / Lot owners usually have one vote for every lot / property owned.
Budgets and Assessments
Do we
have a budget?
Yes. All owners are mailed copies prior to the New Year. Additional copies are available
through One Property Management. The budget is established by the Board, with the
assistance of the management company.
How can
I find out how my Association dues are being utilized?
Your Community Manager can provide you with this information. However, your Association
has an Annual Meeting where your Board of Directors discusses the financial aspect
of the Association with the homeowners. Attending this meeting can be very enlightening
and helps each homeowner understand the workings of a Community Association.
What are
Assessments and how are they spent?
In order for the Board to accomplish the many tasks for which it is responsible,
the association needs operating funds for daily maintenance, repairs, administration
and adequate Reserve funds for major repairs or replacements of capital items. As
a member of the association, you are required to pay a share of the costs.
Are my
Assessments fixed or can they be raised?
The Annual Assessment may be adjusted by a majority vote of the Board of Directors
but shall not be increased by more than a percentage, dependant on your Governing
Documents. Anything above that percentage would have to be voted on by the homeowners,
by proxy or in person.
What is
a Special Assessment?
In addition to your Assessment, the Board may levy, in any assessment year, a Special
Assessment on improved lots, only applicable to that year, only for the purpose
of defraying, in whole or in part the cost of any construction, reconstruction,
repair or replacement of a Capital Improvement on or which is a part of the Common
Facilities, provided that any such assessment shall have the consent via a vote
of the members at large.
I hear
the terminology, Homeowner Assessments/Homeowner dues/Homeowner Fees. Is there a
difference?
The difference is the terminology; it all points to the same thing, your mandatory
Monthly, Quarterly, or Annual Assessments whichever pertain to your subdivision.
Other Questions
If I have
lost the copy of the Association documents I received at my closing, how do I obtain
another copy?
Contact CMP. All requests for documents, account statements and resale certificates
should go through the Resale Department. However, if your Association has a website
you can view a copy of the documents.
I have
lost my Association dues statement or coupon book, where do I send my payment?
Payment should be sent to the lockbox:
Name of Community Association C/O Payment
Processing Center Address assigned either by the Board of Director or Property Management
In addition, make the check payable to the Community Association and please remember
to put your account number on your check before mailing. Please note that we do
not accept cash for anything in the office.
Who do
I contact if I want to update my personal/gate information?
Visit One Property Management website www.onepropertymanagement.com click on "Contact
us", where you can input your information and an email can be forwarded to the relevant
department in order to update your information in our system and confirmation may
be sent via postcard or email.
I’d like
to start external projects on my home i.e. Sprinklers, building a shed, etc. Are
there any requirements / guidelines??
Any exterior modifications or additions to your home or any structural changes must
have prior written approval from your Architectural Control Committee (ACC). For
information, applications and further details, contact us. You should note that
this approval process may take up to thirty days; therefore, do not schedule any
construction work or purchase any equipment until written approval has been received.
Are the
Rules in place to settle homeowner disputes?
NO. Unless the problem is one causing a common area problem or a direct violation,
homeowner disputes should be settled between the parties involved. Your Board is
not there to serve as referee between neighbors. In any community, whether governed
by an Association or not, homeowners run into personality clashes, pet problems,
and other neighborhood issues. Often, the problem can be easily resolved to the
satisfaction of both parties with no hard feelings, with open communication between
the parties.
What is
deemed a Common Area Facility?
Common area / facility refers to all property leased, owned, or maintained by the
Association. This is mainly for the sole use and benefit of the members in your
Association. It may include but is not necessarily limited to private streets and
alleys; signs; fountains; statuary; swimming pools and adjacent buildings; recreation
sites, with associated furnishing; tennis courts and associated equipment; landscaping;
with or without sprinkler systems; walls; bridges, safety lanes; green belts with
or without trails; parking lots; median islands in cul-de-sac streets; centralized
mail boxes, which may be existing or potentially built in the future.
When selling
my home, who at my management company do I need to contact?
One Property Management provides our customers a Resale Department with individuals
whose main objective is to help your buyer and yourself complete your transaction
in a timely manner.
Management Questions
Why is
it when I call to speak to my Community Manager, he or she is not always available?
Your Community Manager performs many tasks for your Association and sometimes these
tasks require them to be away from the office. These tasks consist of but are not
limited to: weekly inspections, meeting with vendors and Board Members and visiting
with homeowners. There are also times when a Community Manager is in the office
but is unavailable because they are on the phone conducting business with other
homeowners, vendors, or Board Members.
How does
One Property Management, the management company, handle issues and complaints?
Complaints should be submitted in writing to One Property Management L.L.C., 17302
NW 74 Ave Unit#102 Miami, FL 33015. Complaints should state the problem; identify
the offending homeowner, and the date(s) of the offense(s). Just as in any court
of law, the offender has the right to know who is complaining and what he/she is
being accused of. He/she is also entitled to a hearing before the Board. Please
be sure of your facts before filing complaints.
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