Association
Responsibilities
Community associations are created to provide
exclusive benefits to the owners within a specific real estate development. The
responsibilities may vary with each community, and are in accordance with the
desires of the association members and their elected Board of Directors.
The specific duties and responsibilities
of a community association are found within their unique set of governing
documents. These governing documents typically consist
of:
Declaration of Covenants, Conditions
&
Restrictions - Creates the community association,
contains the deed restrictions, establishes mandatory membership and payment of
assessments (also called a Declaration; Covenants; CC&Rs; or
Master Deed).
Articles of
Incorporation - Sets forth the structure and basic governance of the corporate
body
Bylaws - Defines how the association is to be
operated.
In general, the
duties and responsibilities of a community association consist of any
combination of the following six
areas:
Common
Areas
Community common areas can be as little as a sign and median
strip at the front entrance to a small single-family home community, to as
large as a planned community of 25,000 homes which contains extensive
greenspace (parks, trails), recreational facilities (marinas, clubhouses,
pools, tennis courts), streets and parking
areas.
Deed
Restrictions
Deed restrictions are designed to provide a common standard of
conduct for the community, and may define rules concerning the size and number
of pets, limitations on parking and types of vehicles, renting of the home, age
restriction of residents, business use of the home, and maintaining the
appearance of the property.
Architectural
Control
Architectural control provides the mechanism to ensure that the
character and aesthetic harmony of the community is maintained in subsequent
years, and protected from a gradual deterioration of standards. Prior to
purchasing a home in a community association, a prospective buyer should review
the architectural restrictions to ensure agreement with
standards.
Services & Maintenance
Responsibilities
Maintenance and repair responsibilities coordinated by the
association provide consistent appearance and quality of work throughout the
community, as well as the time-saving benefit for the members. The collective
group purchasing power provides for economical services for the common
enjoyment of all residents.
Protection of Property
Values
Although usually not
specifically listed within the governing documents, one of the primary purposes
of an association is to protect property values. Whenever someone allows the
appearance of their yard and home to seriously deteriorate, it often negatively
impacts their neighbors and their property values. Compliance with common
standards helps to ensure the pleasing appearance of the community, the
marketability of homes, and maximizes - if not enhances - their collective
property values.
Quality of
Lifestyle
Another
association purpose usually not stated within the governing documents is to
maintain a quality of lifestyle for all of the community residents. All too
often, we lock ourselves into our homes without having the opportunity to enjoy
the company of our neighbors while celebrating the various traditions and
festivities during the year. The association can and should act as the vehicle
to help bring neighbors together to foster a sense of
community.