WHAT IS A HOMEOWNERS ASSOCIATION?
It is a non-profit corporation registered with the State of California and managed by a duly elected Board of Directors. Its purpose is to enhance property values and provide community services and facilities for the general use, benefit and welfare of the members.
WHAT IS THE BOARD OF DIRECTORS?
Your Homeowners Association is a corporation by law and therefore must be managed by a governing board just like any other corporation. The Board of Directors is the governing body elected by the Association members to oversee the business of the association. The Board establishes the rules and regulations, approves the annual budget, oversees the maintenance of the common areas, enforces the governing documents and is the decision making body for all Association business.
WHO MAKES UP THE BOARD OF DIRECTORS?
The CC&Rs call for a specific number of Directors to serve on the Board. The Directors are elected by the membership and an annual election meeting. Anyone may run for election for one of the Director positions. Candidates' names submitted in advance of the mailing of the notice of the annual election meeting will be included on the ballot for vote by the membership.
WHEN DOES THE BOARD OF DIRECTORS HOLD ITS MEETINGS?
The association’s By-Laws state the frequency of the Board of Directors meetings. Your Association Board meets monthly on a regular basis. Board meetings are open to homeowners, but the Board has the right to limit the amount of participation by individual homeowners. Please contact Accell Property Management for the exact time, date and location of Board meetings.
WHAT ARE THE CC&Rs?
The Covenants, Conditions and Restrictions is a legal document made apart of the deed to your home. It establishes guidelines for the Management and operation of the Association. The CC&Rs empower the Board of Directors to act on behalf of the Association and create many of the policies, restrictions and rules for the use and enjoyment of the common areas by the members.
WHAT ARE THE BY-LAWS?
The By-Laws provide the association with procedures and rules governing how Association business is to be conducted. These include the conduct of membership meetings, election of the Board of Directors, selection of corporate officers, duties of officers and Board members, enforcement procedures and voting rules.
WHAT IS THE ARTICLES OF INCORPORATION?
The Articles of Incorporation is the document filed with the Secretary of State and establishes the Association as a legal corporation.
WHAT IS THE ASSESSMENT?
All homeowners pay a monthly assessment to the Association. This assessment is used for the maintenance and administration of the Association common areas and business affairs. The Association’s budget details the specific expenses the assessment is used for.
HOW IS THE ASSOCIATION’S BUDGET ESTABLISHED?
The Association’s very first budget is established following guidelines approved by the Department of Real Estate of the State of California. Once the project is completed and turned over to the homeowners from the developer, annual budgets are established by the Board of Directors using historical and actual cost data.
WILL MY ASSESSMENT GO UP?
A very good question. As with so many things in life, the goods and services used for the operation and management of the Association are subject to inflationary pressures. Your Association does not operate in an economic bubble isolated from the rest of the world. However, the expectations, needs and wants of the community members ultimately establish the budget through the standard of living they desire.
WHAT HAPPENS IF I DON’T PAY MY ASSESSMENT?
Not paying the assessment is a bad idea. In fact, the Covenants, Conditions and Restrictions (CC&Rs) state that not paying the monthly assessment makes the homeowner subject to a lien, which could eventually result in the foreclosure of your home. The CC&Rs further protect the Association by prohibiting all offsets. This means should a homeowner feel the Association owes the homeowner money or is not performing its duties, the homeowner does not have the right to not pay any portion of the assessment as an offset. Since the assessment is the primary source of income for the Association and the Association would not be able to function without it, there is significant protection for the Association under current state laws.
WHO DO I CALL IF I HAVE QUESTIONS ON MY ASSOCIATION BILL?
Phone Accell Property Management, Monday - Friday, 9:00 a.m. to 4:00 p.m. and they will be happy to answer any questions you may have regarding your bill for your monthly assessment.
WHAT IS A MANAGEMENT COMPANY AND WHAT DO THEY DO?
A Management Company is hired by your Association’s Board of Directors to act as an agent on behalf of the association in the operation and administration of Association business and affairs. Typically the responsibilities of the Management Company would include:
Attend monthly Board meetings and provide advice and counsel to the Board relating to such matters as insurance, mandatory filings, records and correspondence, legal deliberations/actions, maintenance, finances and homeowner requests and concerns.
Maintain banking and accounting services, prepare budget proposals, provide monthly financial reports and statements and assist if the collection of delinquent accounts pursuant to the policies and procedures established by the Board of Directors.
Facilities and Maintenance:
Propose maintenance specifications, solicit and evaluate bids and administer the contracts of the Association for the maintenance and service of the common areas.
Provide a 24 hour emergency on-call service in order to handle any situation involving manifest danger to life and property or immediately necessary for the preservation and safety of the project of the residents.
IF I WANT TO MAKE ADDITIONS, IMPROVEMENTS OR ALTERATIONS TO MY HOME, WHAT MUST I DO?
Homeowners must obtain written approval from the Association prior to the commencement of any additions, improvements or alterations to their home or lot. To obtain approval you must submit plans and specifications detailing the exact scope of the proposed work along with the appropriate application which may be obtained from Accell Property Management.
WHO DO I CONTACT IF I’M HAVING PROBLEMS WITH:
Interior Home Problems:
Maintenance of appliances, fixtures, wall coverings, cabinets and floor coverings is the responsibility of the individual homeowner. Should you have a problem with another element of your home, please contact the management company for a more precise evaluation of the maintenance responsibilities.
Common Area Problems:
Please contact Accell Property Management regarding any problem or concern with the common areas.
Problems with Neighbors:
Hopefully this will not occur. But sometimes problems do develop with a neighbor. Should this arise members are encouraged to first make an attempt to resolve the issue in a neighborly fashion by discussing their concerns with their neighbor in a positive way. If this is not successful, please write down your concerns describing the specific rule, covenant, condition or restriction their neighbor has allegedly violated and mail their request to the Board of Directors care of Accell Property Management. Your request will be reviewed by the Board at their next regular meeting.
For more information concerning your Association, please contact Accell Property Management:
Accell Property Management
23046 Avenida de la Carlota, Suite 700
Laguna Hills, CA 92653