HOA Overview
WHY have an HOA?
These organizations are essential to the effective operation of any community: they set the rules, enforce compliance, manage the assets, and look out for the financial and legal well being of their communities. The people that volunteer for these boards tend to be unsung heroes – they work hard and they spend a lot of time unraveling really thorny questions. Far too often their only reward is to be interrupted and criticized everywhere they go by someone whose narrow self-interest was affected by a policy or rule.
These organizations are essential to the effective operation of any community: they set the rules, enforce compliance, manage the assets, and look out for the financial and legal well being of their communities. The people that volunteer for these boards tend to be unsung heroes – they work hard and they spend a lot of time unraveling really thorny questions. Far too often their only reward is to be interrupted and criticized everywhere they go by someone whose narrow self-interest was affected by a policy or rule.
Declaration, Bylaws, Rules & Regulations..............When it comes to community associations, it seems like the governing documents should come with an instruction manual. Typically they contain enough paper to kill a tree. So the question becomes, what is the difference between the documents? Some of the confusion may come from the way the packet of documents supplied to you is not in the hierarchical order of the documents. In short:
1. The Declaration (Covenants) is the Big Dog, Master of the Documents. It establishes the association, contains the use restrictions, the maintenance requirements, and defines the common elements.
2. The Bylaws (Exhibit "C") set up the corporation and how it is to be run. It contains provisions on the Board of Directors, who is eligible, how they are elected, what are their duties, and what their powers are.
3. The Rules & Regulations set up guidelines and rules for residents to follow. It also may reiterate the use restrictions set forth in the Declaration, but in simpler terms.
As previously stated, should any of the documents conflict, the Declaration controls. If we want to make a change to the Declaration (Covenants), an Amendment must be made requiring a vote of at least 2/3 of the membership (i.e.Homeowners), and the consent of the Declarant (assuming they are still active). This change must then be recorded with the county and distributed to the membership by Registered or Certified Mail. (Declaration 12.12).
The Bylaws may be amended in the same manner as above but in addition the Board of Directors (BoD) along with the Declarant may amend them to bring them into compliance with applicable governmental statute, rule, regulation, or judicial determination et.al.. This is done without an Association vote.
Rules & Regulations (R&R) are not recorded with the county and are therefore much easier to change. Using the BoD authority they may adopt new or remove out of date R&R's as long as they meet the Declaration and Bylaws and are distributed to the membership prior to the date they become effective. (Declaration 7.1)
Enforcement (Declaration 6.7, 12.1, 12.19) All documents are enforceable in the same manner; through assessments, liens, fines, fees, loss of amenity privileges, and litigation (which is exempt from the 75% Association approval). Furthermore after proper notice, the Association may also take action to remedy a violation and charge you for the cost to correct it.
Summary The standards have been established in order to create and maintain a community of high quality and harmony. These standards help ensure the protection of the Centennial Lakes concept, community lifestyle and individual property values. All home owners as well as their residents are bound by these standards. Have an interest in becoming an Officer, Committee Member, or a more involved Homeowner? ...... Your chance is rapidly approaching, "Turnover" from Declarant (Developer) to Homeowners is tentatively scheduled for June 2016.
1. The Declaration (Covenants) is the Big Dog, Master of the Documents. It establishes the association, contains the use restrictions, the maintenance requirements, and defines the common elements.
2. The Bylaws (Exhibit "C") set up the corporation and how it is to be run. It contains provisions on the Board of Directors, who is eligible, how they are elected, what are their duties, and what their powers are.
3. The Rules & Regulations set up guidelines and rules for residents to follow. It also may reiterate the use restrictions set forth in the Declaration, but in simpler terms.
As previously stated, should any of the documents conflict, the Declaration controls. If we want to make a change to the Declaration (Covenants), an Amendment must be made requiring a vote of at least 2/3 of the membership (i.e.Homeowners), and the consent of the Declarant (assuming they are still active). This change must then be recorded with the county and distributed to the membership by Registered or Certified Mail. (Declaration 12.12).
The Bylaws may be amended in the same manner as above but in addition the Board of Directors (BoD) along with the Declarant may amend them to bring them into compliance with applicable governmental statute, rule, regulation, or judicial determination et.al.. This is done without an Association vote.
Rules & Regulations (R&R) are not recorded with the county and are therefore much easier to change. Using the BoD authority they may adopt new or remove out of date R&R's as long as they meet the Declaration and Bylaws and are distributed to the membership prior to the date they become effective. (Declaration 7.1)
Enforcement (Declaration 6.7, 12.1, 12.19) All documents are enforceable in the same manner; through assessments, liens, fines, fees, loss of amenity privileges, and litigation (which is exempt from the 75% Association approval). Furthermore after proper notice, the Association may also take action to remedy a violation and charge you for the cost to correct it.
Summary The standards have been established in order to create and maintain a community of high quality and harmony. These standards help ensure the protection of the Centennial Lakes concept, community lifestyle and individual property values. All home owners as well as their residents are bound by these standards. Have an interest in becoming an Officer, Committee Member, or a more involved Homeowner? ...... Your chance is rapidly approaching, "Turnover" from Declarant (Developer) to Homeowners is tentatively scheduled for June 2016.