Frequently Asked Questions
Question: What is a community association?
Answer: A community association is a non-profit corporation comprised of a group of homeowners who wish to provide for a means of preserving, maintaining, and enhancing the quality of the property and lifestyle of their community. Community associations provide for the management, maintenance, operation, repair, and replacement of the property ‘commonly’ owned by all the members of the association. In other words, community associations make it possible to own and enjoy community services and amenities with your neighbors that would normally be too costly for individuals to own and maintain on their own. Membership in a community association is mandatory and automatic upon the purchase of property within the community.
Question: What are the CC&R’s?
Answer: The Covenants, Conditions, and Restrictions (CC&R’s), also referred to as the Declaration, are the governing legal documents that were recorded by the County Recorder’s Office of the County in which the property is located and are included in the title to your property. The CC&R’s establish the guidelines for the operation of the community association and further define the bundle of rights of each owner. Among other things, these legal documents establish protective standards, restrictions, and obligations in areas ranging from architectural control to prohibitions on various activities in order to promote harmonious living within the community.
Question: What are the Articles of Incorporation?
Answer: The Articles of Incorporation are the legal documents filed with the state that establish the community association as a non-profit corporation. The Articles of Incorporation further define the purpose, power, and structure of the corporation. Creating this corporate structure helps limit the liability of individual owners and entitles the community association to the rights provided to other corporations under state law.
Question: What are the Bylaws?
Answer: The Bylaws detail the guidelines for the administration and operation of the non-profit corporation. The Bylaws often define the duties and terms of the Board of Directors, requirements for membership meetings, the membership’s voting rights, required meetings and notices of meetings, procedures for electing the Board of Directors, and other items necessary to run the association as a legal corporation.
Question: Where can I get a copy of my CC&R’s?
Answer: Each of these documents are available for viewing and/or printing on your Community Website http://www.northcoppercanyonhoa.com/forms-documents/
Question: Are there any other rules?
Answer: North Copper Canyon has developed Rules and Regulations as provided for in the CC&R’s and adopted by the Board of Directors. Rules are established to provide additional guidelines to homeowners for common issues such as parking, pets, trash containers, park rules, etc. In addition, many associations adopt various Resolutions that further develop policy and administrative regulations for the association. Pursuant to the governing documents previously discussed, violations of these rules may result in action by the Board of Directors which may include monetary fines. The Association has a procedure in place that homeowners must follow before making any exterior modifications to their home or property (see Design Review Process for more details).
Question: What is the Board of Directors?
Answer: In order for a community association to govern effectively, the owners elect a Board of Directors to act on their behalf. The elected Board of Directors, after Declarant control, is comprised of volunteer homeowners of the community that have been entrusted with most of the decision-making authority for the association. The Board of Directors is charged with the ultimate responsibility and authority for operating the community association on behalf of the owners. Due to the magnitude of responsibilities and the volunteer nature of their positions, the Board of Directors hire a Management Company to assist them to effectively manage the association.
Question: Are Board meetings open to all homeowners?
Answer: Yes, board meetings are open and interested homeowners are encouraged to attend. Prior to the beginning of each meeting a Homeowner’s Forum is typically held for homeowners in attendance to address the Board and ask questions. Once the meeting is called to order, homeowners are welcome to listen and observe but are not permitted to participate in the actual board meeting. Notice of the date, time, and location of your will be emailed or mailed to you, depending on your communication preference.
Question: What is a Management Company? What do they do? How can they be reached?
Answer: A management company is contracted by the Board of Directors to provide association management expertise and to manage the day-to-day operational activities of the association on behalf of the Board of Directors. The management company reports directly to the Board of Directors and all decisions are made by a majority vote of the Board of Directors, not the management company. The management company also provides a means of efficient communication for community contractors, homeowners, and Board members. Some of the services Kestrel Property Management provides our association clients include: general Board support, compliance enforcement, risk management, administrative support, assessment collection, financial management, and community maintenance / contractor oversight. You can email email@example.com any questions, comments or concerns.
Question: Why is the Design Review Process important? What does it entail?
Answer: North Copper Canyon HOA has Design Guidelines with procedures for submitting requests to make exterior modifications to a home or property within the community. The Design Review Process is an important way for your association to help maintain, protect, and enhance property values within the association by preserving the architectural integrity of the community. Such modifications may include landscaping modifications, additions, exterior color changes, pools, patios, sheds, or extensive interior modifications and additions. If an owner proceeds with an exterior improvement or modification without the prior written approval of the Board of Directors or Design Review Committee, as applicable, the owner will be required to remove or correct the alteration(s) and/or may be subject to a fine for the violation. An owner can begin the Design Review Process by submitting an Design Review Application (under Forms and Documents on this website) for the Association’s review.
Question: If I am having a problem with a neighbor concerning a potential violation of the community guidelines, what should I do?
Answer: If you are experiencing a problem with a neighbor that may be in violation of the community guidelines, the association relies on you (whenever possible) to first attempt to resolve the situation with your neighbor directly. If the situation is not resolved through neighborly means, then your association may become involved. You can notify the association of an alleged violation by completing our Report a Violation form. Upon receiving the form and confirming that the situation is in violation of the association’s governing documents, the Board of Directors will institute the applicable enforcement policy. Your active participation and assistance may be needed throughout the enforcement process and your original complaint will be kept on file for any required future reference.
Question: What is an assessment?
Answer: An assessment is each owner’s financial obligation to the community association and represents their share of the common expenses of the community. An assessment is not optional, it is a binding legal obligation based on State Statute and the association’s governing documents.
Question: How is the amount of my assessment determined?
Answer: Assessments are comprised of two major components: operating expenses and replacement fund contributions. Operating expenses consist of the cost of goods and services used to operate the association and maintain the common property on an annual basis. Replacement fund contributions consist of funds that are put aside (invested) for the replacement of major components of the common property when they begin to deteriorate in the future. The anticipated operating expenses and the annual replacement fund contributions are divided by the number of units or homes in the community to determine the amount of the assessment. Annual budgets are developed by the Board, adjusting the assessment amount to meet the anticipated expenses for the upcoming fiscal year.
Question: Can a homeowner make online payments such as E-Checks or Credit/Debit Card payments?
Answer: We can process E-Check or Credit Card payments (a small fee applies) through our online HOA portal. The link is https://kpmgmt.appfolio.com/connect/users/sign_in If you don’t have your email address on file, fill out the “Request access to the portal” link and fill out the form.
If you have any questions, please contact your Community Manager at firstname.lastname@example.org so we can assist you through the process.
Question: What happens if I do not pay my assessment?
Answer: Without the timely payment of assessments a community association is not able to adequately operate, maintain, preserve, and enhance its common property. Payments due on the 1st of the month and not received by the 30th of the month will be assessed a Late Fee. If an assessment account remains delinquent, State Statute and the association’s governing documents empower the association to take further collection action. This additional collection activity includes forwarding the account to a collections attorney, placing a lien on the property, and proceeding with foreclosure on the property. If you have questions concerning your assessment account, please contact your property manager at email@example.com or call 480-893-7515 ext 206.