The Essentials of Common Interest Communities Part Deux

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Services for Real Estate Pros with ReadySetLoan Condo Team LLC

The Essentials of Common Interest Communities Part Deux

In a previous article, I wrote about the basics of home ownership in common interest communities: condominiums, planned communities or PUDs, and cooperatives.  This article will tackle some of the basics about the Association, the legal governing documents and the monthly maintenance fees.

The Association and Board of Directors

condominium boardBy purchasing into a common interest community, the unit owner becomes a member of the Association which may also be called a Homeowner’s Association, a Community Association or a Condominium Association.  In a cooperative, they’re simply referred to as shareholders.

They all mean basically the same thing: each member of the Association or each shareholder has a say in the overall running of the community similar to that of a citizen of a town or city.  Meetings are typically held annually or bi-annually or more often as specified or required.

The Association is governed by a Board of Directors that is comprised of officers elected by the members of the Association.  For the most part, members of the Board are volunteers although some states allow for them to be paid for their service to the community.

Among other duties, the Board of Directors is responsible for the collection of the monthly membership fees, setting up annual budgets, making sure that the bills are paid, working to resolve disputes among members of the Association and the creating and enforcing of the rules and by-laws.

The Board can make decisions on behalf of the HOA within certain limitations.  Large decisions cannot be made by the Board without holding a vote of the unit owners.  What constitutes a “large decision” is spelled out in the legal documents.

Common Charges and Monthly Membership Fees

common interest communityIn all three common interest communities, the unit owners and shareholders are required to pay monthly maintenance fees.  These fees fund the budget that pays for the maintenance and insurance in the community or cooperative.  They can go by many names including common charges; association dues; condo dues; and monthly maintenance fees.

These fees collectively pay for all of the Association’s expenses including hazard and liability insurances, landscaping and snow removal, capital improvements (such as for new roofs or paving) and to fund a reserve account for future capital improvements.

Legal Governing Documents, CC&Rs, By-laws and the Association

In all three common interest communities noted above, there are legal governing documents that lay out the rules for the community.  They go by different names in different states and some examples are Declaration; By-laws; Rules and Regulations; Master Deed; Deed in Trust; Articles of Organization/Incorporation; and Covenants, Conditions and Restrictions (CC&Rs).

These documents do three things:

  • Establish the Homeowner's Association as a legal entity (Articles of Organization or Incorporation).  Some states, like Massachusetts, do not require this.
  • Establish the property as a common interest community (Declaration or Master Deed)
  • Establish the rules within the community (By-laws, Rules and Regulations, Master Deed, Deed in Trust or CC&Rs)

They set up the unit boundaries, restrictions on the use of the units and common elements, restrictions on the leasing and conveyance of the units, minimum insurance requirements and many other aspects of the community.  The documents also establish the Association and the Board of Directors, as well as outline the authority or powers of the members of the Board.

In addition, they can outline other rules for the Association.  For example, my parents used to own in a planned community in Florida.  The rules required that they keep their lawn mowed at a height within a certain range.  If they did not, the Association’s landscaping crew would mow the lawn for them and send them a bill.  They were also not allowed to have more than one car in the driveway for an extended period of time (they had a two-car garage).

Please note that the information provided above is written as generally as possible.  Working with condominiums all over the country, I have seen first-hand that laws can vary greatly from state to state.  Not only do they have different names for the legal governing documents, they allow different forms of the HOA.  However, all states have common interest communities and the majority of what is written applies to all of them.

Top image courtesy of cooldesigns/freedigitalphotos.net

High rise image credit: photo credit: Exploratus via photopin cc

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The Condominium Project Approval Team at ReadySetLoan is dedicated to helping condominium projects across the nation to obtain their approvals with FHA and the VA or become recertified with FHA.  We have assisted nearly 200 condominiums and we can help your association.

 

ReadySetLoan is an active member of the Connecticut and New England chapters of the Community Associations Institute (CAI) and is a frequent contributor to Common Interest Magazine as an expert in FHA/VA condominium project approvals.

 

Please contact us with any questions regarding FHA or VA condominium project approvals.  You can email me at askeric@readysetloan.com or call me at 404-433-4565. I will be happy to answer any of your questions.

 


FHA/VA Condo Approval Specialist

404-433-4565 Cell Phone

860-644-3772 Fax Phone

eric.boucher@readysetloan.com
ready set loan condo team

 

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 Check out our article in Common Interest magazine on page 19!

Find Eric Boucher with ReadySetLoan Condo Team on Google+

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Rainmaker
50,655
Michele Webler -Farm and Ranch Specialist
Idaho Real Homes LLC - Rathdrum, ID
Serving North Idaho and E. Wa

Thanks for the info

Mar 04, 2014 10:49 PM #1
Rainmaker
3,236,123
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC
Eric Thanks for sharing a very informative post. Good luck and success. Lou Ludwig
Mar 04, 2014 10:52 PM #2
Rainer
219,618
Suzanne Otto
Six Twenty Designs - Lansdale, PA
Your Montgomery County PA home stager

I live in an association with a board of directors made up of residents of our community. It's a good way to really get your voice heard about ways to improve the community.

Mar 05, 2014 11:25 AM #3
Rainmaker
349,776
ReadySetLoan Condo Approval Team
ReadySetLoan Condo Team LLC - South Windsor, CT
The FHA/VA Condo Project Approval Specialists

You're welcome, Michelle

Lou, thank you for reading.

I'm glad that you feel that way Suzanne.  I know many who do not share the same opinion.

Mar 05, 2014 06:57 PM #4
Rainmaker
539,828
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Hello, Eric,

Now that I have read three posts by you in regard to the laws, rules, regulations, ownership rights/duties, etc. having to do with ownership in a community, I want to thank you, again, for the great information. I could have found this information myself if I wanted to spend the time but you have put it all together well enough to obviate that activity on my part.

Mar 24, 2014 03:03 PM #5
Rainmaker
349,776
ReadySetLoan Condo Approval Team
ReadySetLoan Condo Team LLC - South Windsor, CT
The FHA/VA Condo Project Approval Specialists

Thank you for your comment, John.  I am very pleased that you received value from the articles!

Mar 26, 2014 03:26 AM #6
Rainer
482,718
Chandler Real Estate Liz Harris, MBA
Liz Harris Realty - Chandler, AZ
#ChandlerRealEstateAgent

Hi, I enjoyed your post today with all the points that were made. Looking forward to others from you soon.

Mar 31, 2014 08:16 AM #7
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Rainmaker
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ReadySetLoan Condo Approval Team

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