I suppose I should start at the beginning, where good logic would dictate that all things should start.
It doesn’t matter if you are building an association, managing an association, considering buying into an association, living within an association, or serving on The Board of Directors of an association, the beginning of your undertaking starts with your Declaration and By-Laws. In some locations they are referred to as The Declaration of Covenants, Conditions, and Restrictions. Whatever they are called in your given circumstance that legal document is your starting point.
This is where The Developer lays out his or her intent to form the community, what they envision the community to be, and how they see it operating long after they have moved on to their next development. It starts off with definitions which are intended to clearly indicate who is who and what is what. It is supposed to lay out the boundaries that define who is responsible for what and how they should be carrying out their responsibilities.
There are a number of reasons that the first thing a good Property Manager will do when he or she acquires a new community is to familiarize themselves with this document. They are definitely not boiler plate, you’ve seen one you’ve seen them all kinds of documents. Even two very similar communities, developed by the same Developer, can have significantly different delineation of responsibilities. The answers to most of the questions that come across The Managers desk from homeowners and board members are going to be found in these documents.
When considering the prospect of buying a home in an association these documents should be carefully reviewed to see what exactly the covenants, conditions, and restrictions are. There is nothing I dislike as much as having to tell a new homeowner that ”………but I didn’t know” is not a mitigating factor for being in violation of the CCR’s. If you want to move into an association be sure that your lifestyle coincides with that of the community. The best way to do that is to start at the beginning and read the declaration before you sign the contract to purchase.
Homeowners should probably reread the document once a year. This will help them keep the information fresh in their minds. It will also help them determine whether or not they have a legitimate complaint to bring to the floor of the homeowners meeting.
The members of The Board of Directors should go over the Declaration even more often to help them remain clear on where the authority bestowed upon them by the document begins and ends. A community association is a pure form of democracy and the powers and responsibilities of it’s Directors is clearly stated in the declaration. Another sad task of the property manager is having to remind an overly enthusiastic board member that he or she was elected to the position to serve in accordance with the Declaration and By-Laws. The processes that must be followed in order for anything in the association to happen are all contained in the Declaration.
