HOA Assessments
+ What is an Assessment?
Homeowner associations can compel homeowners to pay a share of common expenses, usually per-unit or based on square footage. An assessment is an expense that generally arises from common property, which varies dramatically depending on the type of association. Some associations are, quite literally, towns, complete with private roads, services, utilities, amenities, community buildings, pools, and even schools. Many condominium associations consider the roofs and exteriors of the structures as the responsibility of the association. Other associations have no common property, but may charge for services or other matters.
+ Are 'Dues' different than 'Assessments'?
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.
+ What is my assessment and how is it determined?
Assessments are the Homeowner’s financial obligation to the Community Association. Assessments cover the operating expenses of the common area and provide for reserve funds for replacement of common facilities in future years. Each Association is unique and due dates for assessments vary. You can view your Association’s yearly budget in your RowCal Homeowner Portal under the documents tab for more information.
+ Will my assessment increase? When do the new fiscal year budgets begin for my association?
There is no concrete answer to whether or not your assessment will go up. Typically, your Association Declarations provide for annual increases, in most cases, there is a set percentage that is not to be exceeded per year without the vote of the property owners. The Board of Directors may approve an increased budget, in order to cover increased costs of operating and maintaining the common area and sufficient reserve funds.
Your Association’s Fiscal Year End is noted on your Budget and Budget Notices. You will receive a mailing of any updates to your Budget/Assessments prior to your upcoming Fiscal Year End so you can update your payment amount, if necessary.
+ What happens if I don't pay my assessments?
Community Associations are dependent upon timely receipt of assessments due from each property owner. Late payments may result in late charges and possibly interest to your account, based on your Association’s Collections Policy. The management company reserves the right to apply charges to homeowner accounts for their efforts to resolve delinquency per the management agreement. In addition, the Association has the right to turn over delinquent accounts to their attorney for collection of assessments.
+ Why do I have a Late Fee?
Late fees are assessed to accounts that have not paid their assessments within the timeframe noted in your Association’s Collections Policy.
+ Why didn't my ACH pull my full account balance?
RowCal’s Auto Pay Program is set to only pull your association assessment amount, as you have approved. We cannot pull additional amounts without your written approval. If you would like your full balance pulled with your next month’s association payment, please submit your request in writing to the Care Team.
Homeowners’ Association Types
+ What is a Homeowners Association (HOA)?
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.
+ What is a Community Association?
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.
+ What is a Neighborhood Association?
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 organization, and may enjoy freedom from taxation from their home state.
+ What is the difference between a Homeowners Association and a Neighborhood Association?
The term neighborhood association is sometimes incorrectly used instead of homeowners association (HOA). Some key differences include:
- HOA membership is mandatory generally through rules tied to the ownership of property like deed restrictions. Neighborhood association membership is voluntary or informal.
- HOAs often own and maintain common property, such as recreational facilities, parks, and roads, whereas neighborhood associations are focused on general advocacy and community events.
The rules for formation of a neighborhood association in the United States are sometimes regulated at the city or state level. Neighborhood associations are more likely to be formed in older, established neighborhoods, whereas HOAs are generally established at the time a residential neighborhood is built and sold. In some cases, neighborhood associations exist simultaneously with HOAs, and each may not encompass identical boundaries.
Homeowners’ Association (HOA) Management
+ What is 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; development of non-dues revenue and fundraising. Association managers must also be familiar with laws and regulations that pertain only to associations. To attain the knowledge needed to effectively operate in association management, its practitioners may choose to pursue the Certified Association Executive designation.
+ What is an Association Management Company and what do they do?
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.
+ Does my community have an Association Management Company, and if so, how do I contact them?
If your community is not self managed, the Association Management's contact information can be located on the website, and most Association Management companies have contact information listed on their company websites or in the phone book. Generally, a management company can be contacted online or by telephone by community or Board members, or individuals whose communities are seeking a management company for representation.
+ What is a 'Managing Agent'?
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.
+ What is a 'Proxy'?
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.
+ What is a 'Quorum'?
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.
+ What is a 'Recuse'?
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.
HOA Board of Directors
+ What is a 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.
+ How do I contact my Board of Directors?
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.
+ Are Board Meetings open to all residents? Where do I find information on when/where they will be held? Can I present my issue/suggestion at the meeting?
Board meetings are open to all residents of an association. Notice of the time and place of any regular Board meetings will be sent via email and noted on the website calendar. If you have an issue or suggestion you would like to present, please submit your request in writing to your Community Manager via the Care Team, at least 5 days before the meeting so it can be added to the agenda under Public Homeowner Open Forum.
+ How do I volunteer for a committee or submit a nomination request to serve on the Board of Directors?
If you would like to become more involved in your Community and want to volunteer on a Committee, you can reach out to your Community Manager via the Care Team for more information. If you would like to serve on the Board of Directors, you will need to submit your nomination request and bio to your Community Manager before your Annual Meeting is held. The Annual Meeting will hold an election of officer roles on the Board of Directors that are up for new terms that year.
+ What do I do if I want to report a violation?
All violations must be submitted to RowCal Management in writing. You can submit the violation via email to CareTeam@RowCal.com. Please note that you will be required to disclose your name and address, but your personal information will not be released to the Homeowner who you are reporting the violation on.
+ What do I do if I want to contest or close a violation case?
All violation responses must be submitted to RowCal Management in writing for review by the Community Manager and Board of Directors. You can respond to violation notices in the Web Portal under the Account Info tab, then by choosing Violations, and submitting a response to the chosen open violation.
CAI - Community Associations Institute
+ What is 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. CAI is committed to being the worldwide center of knowledge and expertise for people seeking excellence in association operations, governance and management. Visit www.caionline.org or call (888) 224-4321 for more information.
+ Is CAI a national organization or are they local to my area?
CAI is a national organization with almost 60 local and state chapters. CAI members enjoy automatic membership in the chapter of their choice. Visit www.caionline.org to find a CAI chapter in your area.
Homeowners’ Association Legal Documents
+ What are Governing Documents?
The declaration, bylaws, operating rules, articles of incorporation or any other documents which govern the normal operating procedures of an association.
+ What are CC&Rs?
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.
+ What Are 'ByLaws'?
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.
+ What is the 'Declaration'?
The Declaration is sometimes referred to as the 'master deed,' 'documents,' or 'declaration of covenants, conditions, and restrictions' [CC&Rs]. It describes an owner's responsibilities to the association which can include payment of dues and assessments as well as the association’s various duties to the owners. It is common viewed as somewhat of a 'constitution' of the association. The person or group of persons who either signs the original declaration governing the development and association or acquires the original developer's rights is referred to as the 'Declarant.'
+ What are the primary requirements of the covenants?
Many Community Associations have established Rules and Regulations that have been adopted by the Board of Directors. The Rules and Regulations are established to provide direction to the property owners in regard to parking, pets, pool use, etc. Community Associations may also have specific guidelines set up for Architectural Improvements. Architectural Improvements include, but are not limited to: patio covers, decks, landscaping, and exterior color changes. These rules are set up to maintain the aesthetic value and integrity of your Community and to protect the market value of your investment. Violations of these rules may result in action by the Board of Directors, which can include fines assessed to the property owners. In addition, exterior improvements or changes that are completed without prior approval by the Board of Directors or Architectural Committee, may require the property owner to remove or correct the alteration and/or be fined for the violations.
+ What are Ordinances?
An HOA Ordinance is an individual or set of laws adopted by local government at the county and city level.
+ What is a Lien?
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.
+ What is an Estoppel letter?
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.
+ What is an 'Easement'?
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.
+ What is a 'Notice of Noncompliance'?
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.
+ Where do I find my association’s COI?
Your annual association Master Insurance Policy Certificate can be found under the Documents tab of your Homeowner Portal. Townhome and Condominium associations generally also require owners to have an HO-6 policy, and that notice will be in the Insurance Folder as well, if applicable.
ACC & WORK ORDER REQUESTS
+ Do I need approval to make changes to the exterior of my home (ACC Request)?
Yes. The Architectural Control Committee (ACC) is an important part of regulating community standards on home exteriors to maintain unity and premium resale opportunities. Exterior changes require Board review and approval in most cases. You can review your Association’s Declaration or Rules & Regulations for more information.
You can easily download the ACC/ARC/DRC application from the Documents Tab here on the website and submit your request (with your application and sub documents attached) via the ACC Request tab. This will notify your Community Manager and Board of Directors right away and is the most efficient way to submit your application.
+ How can check on the status of my ACC request?
When your association is managed by RowCal, you can easily submit and review the status of your ACC request via the homeowner portal! You can download the form from the documents tab and attach it with your request, including all other necessary information such as color choices, mapped placements, material list, contractor hired, timeline, etc.
+ How do I submit a Work Order request and how do I check the status of it?
Homeowners within Associations managed by RowCal can easily submit a Work Order Request via the web portal by choosing the Work Orders tab on the Menu. Our Community Managers assign maintenance items in our system that are noted as “Association Responsibility” or “Homeowner Responsibility” based on an attorney drafted Maintenance Matrix that aligns with your Governing Documents, and you will know upon submission of your request if your subject of repair is an HOA responsible item. If your association does not have an attorney drafted Maintenance Matrix, your work order will be reviewed by your manager and Board of Directors for approval. If you have questions regarding your submitted work order, you can add comments and questions to the work order request in the web portal which will be directly sent to your Community Manager and viewable by your Board of Directors.
HOA General questions
+ What is a 'Common Area'?
An HOA common area is any area of improved real property intended for shared use by the members of an association.
+ I own multiple properties managed by RowCal, can I manage all my accounts with one Login?
You certainly can! On your My Profile page, simply select “Add Additional Property” and follow the steps.
+ How can I stay up to date with Association news? Can I share my personal event to be included in an update?
Make sure we have your email on file and that you are registered for the web portal! You are welcome to reach out to your Community Manager for details on how is best to share the message of your community event. Availability for sharing this information will be unique to each Association and Association requirements/restrictions. Please email Care Team for more information.
+ What is a resale disclosure package?
A resale disclosure package is a packet of important information that is provided to a buyer of a home that is within a community management association. The package will include a full set of the associations governing documents, recent financials and budgetary information, insurance information, as well as the resale disclosure certificate. The goal of a resale package is to be sure that homebuyers are aware of their obligations within the community they are moving into, as well as the overall financial health of the community. Please visit www.condocerts.com to order your resale documents or click the Resale Docs button at the top right of this page.
+ Why is there a charge for Resale documents?
According to state law, it is a legal requirement of the selling party to provide this package with all necessary information. Failure to provide all required information can result in a sale falling through, or major future issues for the buyer should they not have been notified of community restrictions.
Resale Disclosure Packages are updated, reviewed, and prepared each time an order is placed for that individual unit. It is not a simple document that just takes “pushing a button” but a custom, time sensitive document. Due to the time it takes to prepare a package, as well as the liability that is assumed by the party preparing this package, you will often see a charge for this service. Typically, the seller of the home is responsible for the cost of the Resale Disclosure Package as it is an expense for the individual unit.
+ Why do I have to pay for Master Association and Sub Association documents separately?
A master association is an association which oversees and governs a group of smaller associations which typically share common areas of a large planned community (the master community). Sub associations may be classified as single-family homes, townhomes, or condominiums. Each sub association has its own individual set of governing documents in addition to the master association governing documents. Since they are two separate entities with separate financials, budgets, and governing documents, two sets of documents must be ordered.
Do you still have questions?
If you still have questions like what is an HOA Reserve study? or maybe, what is a resale disclosure package and why is it important? Then be sure to check out our HOA insights where we cover these kinds of questions and more! Otherwise, you can also contact us for any other questions you might have.