FAQ

Condominium, townhomes and many planned developments that include single-family home neighborhoods are considered associations. This means that there are common elements to the property enjoyed by all homeowners living there. The number and type of common elements vary and can include but are not limited to entrance signs and gates, clubhouse facilities, tennis and swimming facilities, street lights, sidewalks, service utilities, insurance and many other communal assets. These common elements are owned by the community and are thus maintained by all who have common ownership interest.

 

A Homeowner’s Association, commonly referred to as an HOA, COA, or POA, and is a corporation registered with the state and managed by an elected Board of Directors. Its purpose is to govern the affairs of the community in accordance with the provision of the governing legal documents. The corporation is financially supported by all members of the neighborhood. Associations also set out certain rules that all residents must follow called covenants, conditions and restrictions (CC&Rs). Membership is both automatic and mandatory and conveyed with the purchase of the property.

The governing documents outline a standard that helps preserve the look, feel, and sense of community of the property. Community amenities help to enhance the quality of life and promote social activities within the neighborhood. Most neighbors maintain that the biggest benefit of their association is preserving the value and integrity of their individual investment.

A professional management company is contracted by the board of directors to properly maintain the common areas and conduct the business affairs of the association. A management company provides services such as: collection of assessments; overseeing of subcontractors; obtaining bids for subcontracted services; providing financial statements and collection reports, as well as serving a general clearinghouse for problem solving; communicating with property owners and the board of directors; and serving in an adviser capacity. The management company reports directly to the board and all decisions are made by a majority vote of the board of directors. (Please note that services provided by a management company will depend on the individual agreements between a community association management company and the client association.)

Each community is managed by a set of governing documents referred to as articles of incorporation, bylaws, covenants, conditions and restrictions (CC&Rs), rules and regulations. Since each community has specific governing documents, the budget and finances are regulated in these documents. Assessments are due annually, semi-annually, quarterly, or monthly depending on community’s documents. Dues are always due on the first day of the billing cycle.

 

Most community’s assessments cover some or all the following expenses with the homeowner’s dues: ongoing maintenance, insurance policies, utility payments, reserve funds, personnel, professional management fees.

 

The goal of every association is to preserve the value of the community’s assets and the property values for each homeowner. When assessments go unpaid, homeowners are negatively impacted because the financial responsibility of the community are equally shared among all neighbors. Delinquent accounts can mean unpaid bills and put the community in jeopardy.

Should an owner’s account go unpaid, the owner may receive up to three separate letters mailed to the mailing address on file over the course of 90 days. The first letter is a Payment Reminder, then a Second Notice and finally an Intent to Lien is mailed to the addressee. Should an owner receive an Intent Lien Notice, they are given 15 days to make arrangements for payment. The Board of Directors determines if the delinquent account should be turned over to the association’s collection attorney.

 

The goal of every association is to preserve the value of the community’s assets and the property values for each homeowner. When assessments go unpaid, homeowners are negatively impacted because the financial responsibility of the community are equally shared among all neighbors. Delinquent accounts can mean unpaid bills and put the community in jeopardy.

Register online through our main website in order to request a valid log in.

 

Contact the Community Manager if you have problems.

In the same way that our elected officials uphold our Constitution, the Board of Directors upholds and enforces the community’s governing documents as their fiduciary, legal and ethical obligation.

 

The powers and duties of the board include: set and collect annual assessments; use and expend the assessments collected to operate, maintain, repair replace, modify, care for, manage and preserve the common areas; procure, maintain and pay premiums for insurance; contract for management of the association; amend and add to the rules and regulations governing the use of the common areas; purchase equipment; and more.

The day-to-day operations of most associations are so detailed and involved that they go far beyond the scope and time and attention that most volunteers can provide for the community and its members. Most Boards recognize the need to hire a professional firm that can provide experience and expertise. The management company can also serve as an objective third party for neighbor to neighbor disputes.

The Declaration forms the constitutional foundation of the association; Bylaws define the laws and operating procedures of the association. Bylaws detail the framework for governing the association that is authorized in the Declaration. They address the association's structure, the board, the officers, definition of a quorum, ability to enter into contracts, etc. Bylaws provide reliable guidance for board members at meetings in addition to:

Property owners associations derive their basic legal authority for their existence, activities, and actions from state statutes (laws) and certain legal documents:

The underlying document of a property owners association, apart from state law, is the Declaration, also referred to as Covenants, Conditions, and Restrictions (CC&Rs). The Declaration is the constitutional law of the association. The Declaration defines the limits and inclusions of ownership for the owners and the association. As a legal entity the association is better prepared to pursue certain business needs, such as entering contracts, raising funds, filing liens, and collecting fees in a foreclosure. 

The Declaration may contain:

Rules and regulations are the operational and behavioral laws that apply directly to association residents and their guest. They state acceptable and/or unacceptable conduct for all Owners, their guests, visitors and renters. Rules and regulations may generate conflict between the board and the owner(s) since they may provide restrictions regarding noise, pets, use of the property or common areas, and fining procedures, however, good rules serve the interests of the entire association and protect the common areas.

• Bring the corporation into existence
• Define the basic purpose and powers of the corporation
• Indicate there will be a board of directors and may, identify the initial board

Unless approved by the Architectural Control Committee or Declarant, no sign of any kind shall be displayed to the public view on any Lot except one (1) professional sign previously approved by Declarant of not more than five (5) square feet advertising the property for sale or rent or signs used by an Approved Builder to advertise the property during the construction and sales period.

 

Click HERE to begin your search here for all the documents you’ll need for real estate transactions.

Dog owners have a responsibility to manage their pets’ behavior and follow certain rules of etiquette. Follow these guidelines to ensure that you and your dog are being courteous community members.

To allow fire personnel to enter your home without causing damage, a Homeowner can purchase a “Lock Box” that is called a KnoxBox and have it affixed to your home and that hides a key to your house. Once the key/code is in the box and locked up, only your Primary Fire Personnel can open it up; the homeowner can not open the KnoxBox.

 

• Get HOA approval to install at the front door. Mount Holly Fire Dept requires it to be at the front door.
• Order a Knox Residential Box from the Knox Company. KNOXBOX.COM  MHFD requires use of this vendor. Make sure you specify Mount Holly, NC.
• You mount the box, or hire someone to do it. MHFD will not install for you.
• Call the MHFD non-emergency number (704-822-2927), ask for the Fire Marshall, and ask that he send someone to lock your house key in a KnoxBox. If your locks are not all keyed the same, then put as many keys as needed. Clearly mark key to door location.
• All KnoxBoxes in Mount Holly are keyed the same. Every fire and emergency medical vehicle carries a key in a locked box that only authorized personnel can open. That allows quick entry into your home without breaking a window. The Police may NOT use the KnoxBox system to gain access to your home.

 

You also can include a small, laminated note that has cell phone numbers, your emergency contact's cell phone number, garage door keypad code and the location in the house where you keep an envelope with medical history, prescription drugs list, doctors name and number, etc. 

 

 

Who should definitely consider a KnoxBox?  People that have a medical condition that may not allow them to unlock a door when in need of emergency care.  Homes that have monitored smoke alarms where a false alarm causes first responders to be dispatched. Cost of the box is $285 to $300 depending on the finish you select.