Accell Property Management

How Associations Got Started

Associations and How They Got Started

Planned residential development and the idea of a shared ownership and responsibility for the common area have been a tradition dating back to 17th century England.

In the United States, the first Homeowners Association was organized in the 1840s to manage and protect Louisbury Square on Boston’s Beacon Hill. Today, the fact that the square is still a charming park and valuable piece of real estate is attributable, in part, to the attention it received from its Homeowners Association.

The Homeowners Association concept has gained popularity in recent years as a means of conserving and improving the quality of the living environment.

In conventional subdivisions, the land is privately owned in single lots. However, developers and public planning agencies across the nation have been encouraging a system of land development that reduces the size of the individual lot and accumulates parcels of land into open space or common areas. It is these common areas and facilities built on them that are owned by the typical Homeowners Association.

A Homeowners Association gives the homeowner an opportunity (through membership and active participation in an association) to ensure that the physical quality of the residential environment will be preserved and enhanced over the years. It means also that the homeowner will have the opportunity to influence the quality of community life. In addition, a homeowner may enjoy certain amenities without incurring the burden of the cost of maintenance.

Homeowner Orientation

An Overview of How Associations Work
By Steve Feistel, PCAM®

Organization and Operation

Your new home is part of a community association that is registered with the State of California as a Non-Profit Mutual Benefit Corporation. The Association is managed by a Board of Directors.

The Board of Directors is the governing body, elected by the association members, to oversee the business affairs 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 (CC&Rs, By-Laws and Articles of Incorporation) and is the decision-making body for all association business.

Income and Operating Costs

Budget – Each year your Association’s Board of Directors will prepare, approve and distribute a new budget. The budget represents your Board’s best estimate of anticipated income, expenses and financial operating requirements for the Association’s fiscal year. The budget is provided to each homeowner at no more than 60 days and no less than 45 prior to the start of the Association’s fiscal year. Under California law the seller of a home is obligated to provide the buyer with a copy of the Association’s budget prior to the close of escrow.

Payment of Assessments - Assessments are due on the first day of each month unless otherwise stated in the notice of assessment for your Association. Failure to pay assessments in a timely manner may result in a late charge applied to the delinquent account. Continued failure to pay assessments may cause the Association to file a lien against your property, file small claims or municipal litigation and/or foreclose upon the property. The Association has more than one course of action in the collection of delinquent assessments. Your Association will publish a collection policy outlining the procedure that will be followed in the collection of the Association's assessments. This collection policy is distributed with the budget each year.

Insurance

Each Association’s CC&Rs specify the requirements for insurance coverage for fire and casualty, and public liability for the common areas. The extent of the coverage, limits and deductibles in place may be obtained by contacting the Association's insurance agent.

In addition to the coverage provided by your Association, homeowners should consult with a qualified insurance expert to consider additional coverage available. Consideration should be given to coverage for personal contents, additional property coverage, special assessment losses, flood, etc....

Governing Documents

The management of the Association is subject to certain governing documents most commonly known as Covenants, Conditions amp; Restrictions (CC&Rs), By-Laws and Articles of Incorporation. The governing documents stipulate the purpose, powers and manner by which your Association operates. The general duties and powers of the Association are specified in the governing documents. The following is a content summary of a typical Association’s governing documents.

CC&Rs

The following information, issues and topics are addressed in the CC&Rs:

Owner’s Property Rights and Project Easements
Organization of Association
Duties and Powers
Voting Rights
Jurisdiction of Association
Covenant for Maintenance Assessments
Nonpayment of Assessments; Remedies
Architectural Control
Maintenance and Repair Obligations
Use Restrictions
Damage and Condemnation
Insurance
Rights of Mortgagees
Declarant Exemption
General Provisions
Annexation of Additional Property

The following three headings review key sections of the CC&Rs (use restrictions, maintenance and repair obligations and architectural control) that are commonly referred to in the operation of the Association.

Use Restrictions - This section places restrictions on the use of property within your Association. Due to its frequent impact on day-to-day living in the community, we have highlighted below the topics addressed within the Use Restrictions section of the CC&Rs:

Private Dwelling
Use of the Association Property
Conduct Affecting Insurance
Owner’s Liability for Damage
Signs
Maintenance of Animals
Quiet Enjoyment
Improvements
Windows
Commercial Activity
Parking
Compliance with Association Documents
Solar Heating Systems
Antennas
Hazardous Materials
Leasing
Drilling
Trash
No Alterations to the Courtyard Lighting Systems
Entry Porch Decorations

Maintenance and Repair Obligations - This portion of the CC&Rs specifies the maintenance and repair responsibilities for the common areas and residences. Individual owners are responsible to maintain, repair, replace and restore in a clean, sanitary and attractive condition certain elements of the property. You should review this section of the CC&Rs whenever questions concerning maintenance responsibilities arise. However, since the governing documents can be subject to interpretation and applicable laws may supersede, it may be necessary to consult your Board of Directors to determine the specific building and property elements you may be responsible for.

Architectural Controls - As part of a community association your property is subject to certain architectural controls. Prior to making any change, alteration or modification to your home or lot, you must receive prior written approval. If you plan on modifying your home in any manner that impacts or can be seen from any portion of the common area, surrounding homes or streets, allow yourself sufficient time to obtain the necessary approvals. In addition to the written approval of your Association, you may also be required to obtain permits and approval from local governmental agencies.

By-Laws & Articles of Incorporation

By-Laws - The Association By-Laws describe the administrative procedures by which the Association conducts its business affairs. Topics addressed in the By-Laws include Voting by the membership, Board of Directors, Officers, Meetings and Books and Records.

Articles of Incorporation - The Articles of Incorporation establish the Association as a corporation in the State of California. Generally, the Articles specify the purpose of the association as well as the legal corporate name.

Other Documents

Rules and Regulations – Your Association may publish Rules and Regulations that establish further guidelines and restrictions on the use of the covered property. These Rules are established pursuant to the powers vested to the Board of Directors in the governing documents and are enforceable. Homeowners should carefully review all Rules and Regulations and become familiar with their contents. Copies of the Rules and Regulations should be provided to tenants of rental units.

Architectural Standards and Guidelines – Your Association may publish a set of Architectural Standards and Guidelines that establish standards and procedures for architectural modifications within the community. These standards and guidelines are established pursuant to the powers vested in the governing documents and are enforceable. Homeowners should carefully review these guidelines well in advance of making any modification, alteration or change to any portion of their home or common area.

It is recommended that you check with the Association's manager regarding specific application forms and procedures for obtaining architectural approval if you are unsure of this process.

Legislation

In addition to the governing documents that stipulate the purpose, powers and manner by which associations operate, many laws enacted by our State and Federal legislators also impact the activities of Homeowner Associations. Depending on the language of the law, these laws sometime supersede elements of your Association's governing documents or add new requirements.

The bodies of California law that preside over association activities include the Civil Code, Corporation Code, Code of Civil Procedure, Business and Professions Code, Vehicle Code, Health and Safety Code and the various building codes. From time to time, other bodies of California law may also control, but most often, the before mentioned list represents those laws Associations most often come into contact with.

The California Civil Code and Corporation Code contain the majority of laws affecting the management and operation of an association in our state. In 1984, Title VI of the California Civil Code was created to consolidate the growing number of laws governing associations under one section of the Civil Code. One of the most frequently referenced bodies of law by associations, the Civil Code, addresses the following statutes:

CIVIL CODE
TITLE VI - COMMON INTEREST DEVELOPMENTS

Section
1350. ..... Citation. (Creation of Davis-Stirling Common Interest Development Act)
1351. ..... Definitions. (Of terms)
1352. ..... Application of title; creation of common interest development.
1353. ..... Declaration; contents.
1354. ..... Covenants and restrictions in declaration as equitable servitudes; enforcement.
1355. ..... Amendment of declaration.
1355.5. ..... Amendment of governing documents to delete construction or marketing provision after completion by developer; requirements.
1356. ..... Amendment of declaration; petition; contents; filing; findings by court; power of court to approve amendment; recording amendment; mailing.
1357. ..... Extension of term of declaration.
1358. ..... Interests included in conveyance, judicial sale or transfer of separate interests; transfers of exclusive use areas; restrictions upon severability of component interests.
1359. ..... Restrictions on partition.
1360. ..... Modification of unit by owner; facilitation of access for handicapped; approval by project association.
1361. ..... Rights and easements of ingress, egress and support.
1362. ..... Ownership of common areas.
1363. ..... Management; powers of association; reference to as community association; meetings; access to records; consolidated association membership rights; copies of minutes, proposed minutes or summaries.
1363.05. ..... Short title; open meeting; executive session exception; minutes; notice; emergency meeting.
1363.1 ..... Prospective managing agent; written disclosures; duration of section.
1363.2 ..... Managing agent; deposit of funds received; requirements; separate record; commingling of funds.
1363.5. ..... Association articles of incorporation; required statement.
1364. ..... Responsibility for repair, replacement or maintenance; damage by wood-destroying pests or organisms; cost allocation; notice of repair requirements; access for maintenance of telephone wiring.
1365. ..... Documents prepared and distributed by associations.
1365.5 ..... Board of Directors; duties.
1365.7 ..... Tortious act or omission of volunteer officer or director of association managing residential development; liability; criteria; limitations.
1365.9. ..... Tort actions against owner of separate interest; tenant in common area; association liability; insurance requirements.
1366. ..... Levy of assessments; limitation on increases; delinquent assessments; interest.
1366.1 ..... Imposition or collection of assessments, penalties or fees; limit on amount.
1366.3. ..... Payment of charges under protest; remedy options.
1367. ..... Assessments; debt of owner; lien; notice; enforcement of lien; application of section.
1368. ..... Sale or title transfer; provision of specified items to prospective purchasers; copies; fees; violations; penalty and attorney fees; validity of title transferred in violation; additional requirements.
1368.4. ..... Written notice to members prior to filing civil action, contents.
1369. ..... Liens for labor and materials.
1370. ..... Liberal construction of instruments.
1371. ..... Boundaries of units; presumption.
1372. ..... Construction of zoning ordinances.
1373. ..... Developments expressly zoned as industrial or commercial and limited to such purposes; exclusions.
1374. ..... Developments with no common area; application of title; standing.
1375. ..... Actions for damages against common interest development builders.
1376. ..... Restrictions on installation or use of video or television antenna; enforceability based on size; reasonable restrictions; application approval; attorney's fees.
1378. ..... Application of section; requirements to approve or disapprove proposed changes; notice of requirements.

The California Corporation Code, like the Civil Code, has a specific section dedicated to homeowners associations. Starting at Section 7110, the California Corporation Code establishes associations as non-profit mutual benefit corporations and covers the following topics:

NON-PROFIT MUTUAL BENEFIT CORPORATIONS
Section
7110 ..... Operations and By-Laws
7210 ..... Directors and Management
7310 ..... Members
7410 ..... Distributions
7510 ..... Meetings and Voting
7610 ..... Voting of Memberships
7710 ..... Members' Derivative Actions
7810 ..... Amendment of Articles
7910 ..... Sales of Assets
8010 ..... Mergers
8110 ..... Bankruptcy Reorganizations and Arrangements
8210 ..... Required Filings by Corporation or its Agent
8310 ..... Records, Reports, and Rights of Inspection
8410 ..... Service of Process
8510 ..... Involuntary Dissolution
8610 ..... Voluntary Dissolution
8710 ..... General Provisions Relating to Dissolution
8810 ..... Crimes and Penalties

On a Federal level, the Constitution of the United States of America, the Civil Rights Act, the Fair Housing Act, the Internal Revenue Code and other Federal legislation may also impact the operations of your Association. While the intervention of Federal law in association day to day operations is not as prevalent as that of the State, its jurisdiction cannot be ignored.

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Modifying Your Home

Architectural Review Process

by Steve Feistel, PCAM®

Before you get started making all those great improvements to your new home, take a moment to read on so you are not caught by surprise when your Association comes knocking at your door.

1. Association Responsibilities: One of the more important functions of an Association is enhancing the desirability and attractiveness of living in the community by preserving the architectural character of the neighborhood. The Association is granted the power to administer and enforce architectural controls within the community by the Declaration of Covenants, Conditions and Restrictions (the "CC&Rs").

Typically Associations administer and enforce architectural rules through an Architectural Review Committee (the "Architectural Committee"). The Architectural Committee is appointed as provided in the CC&Rs. Generally the committee has the authority to (i) review and approve all plans and specifications for alterations, modifications and new construction; (ii) establish and administer general Architectural Guidelines and Standards; and (iii) enforce the Architectural Standards within the community.

2. Homeowner Responsibilities: Prior to the commencement of any work, it is the responsibility of the individual homeowner to review the Association's Architectural Guidelines and Standards in their entirety and to submit their architectural request in full conformance with those Guidelines and Standards. In addition, homeowners are obligated to comply with Master Association governing documents (if applicable), local government ordinances and building codes.

3. Purpose of Architectural Guidelines: Architectural Guidelines and Standards are designed to provide design criteria for home improvements within the community. They are intended to help the Owner and the Association establish a high quality of appearance, to assure a harmonious streetscape and to direct character and form to enhance the community's overall value. These guidelines and standards are to be followed by all Owners for any modifications, changes or alterations to any portion of a building, landscaping or lot.

4. Enforcement and Violations: Failure to submit the required plans and application, and obtain the necessary approval from your Association for any alteration, modification or new construction, may constitute a violation of the CC&Rs. Such violation could result in the Association's requiring the modification or removal of the work (regardless of whether it has been completed) at the expense of the owner. All residents have the right and the responsibility to bring to the attention of the Architectural Committee any violations of any provision or standard that the Association's Board of Directors or the Committee has adopted.

5. How to Submit: All requests for Architectural Committee approval of improvements must be made with the standard forms/application provided by your Association’s Architectural Committee and should be mailed or delivered to the Architectural Committee through the Manager for the Association in care of the Property Manager:

Your Association

 c/o Accell Property Management, Inc.

23046 Avenida de la Carlota, Suite 700

Laguna Hills, CA 92653

Telephone inquiries should be directed to (949) 581-4988.

6. Submission of Plans & Applications: Plans must be clear, complete, drawn to scale and prepared in accordance with applicable building codes. Plans shall show all dimensions, sizes, materials, finish colors, plant species, drainage, grading, etc. to provide a full representation of the proposed improvement. Failure to submit complete plans will result in denial of the application.

7. Incomplete Applications: Your Association’s Architectural Committee typically will not review incomplete submissions. Incomplete submissions will generally be returned as insufficient and deemed not formally submitted.

8. Committee Review: Architectural review periods vary from Association to Association. Homeowners should check their Association’s CC&Rs or with the Manager to verify review periods. Typically the Architectural Committee will have from 30-45 days from receipt of an Owner's plans to approve, conditionally approve or disapprove. No construction may begin prior to receipt of the Architectural Committee’s written approval or the end of the review period as stated in the CC&R’s, whichever occurs first.

9. Approval: Final approval by the Architectural Committee should always be issued in writing.

Home Improvement Steps

Here are some simple tips on successfully navigating the home improvement process.

1. Become familiar with your Association's governing documents (CC&Rs, By-Laws, Articles of Incorporation, Rules and Regulations, Architectural Guidelines).

2. Start Planning architectural improvements.
   •Know what you want (i.e., landscaping, patio slab, patio cover, trellis, barbecue, etc.).
   •Draft plans and specifications.
   •Submit application for Architectural Approval.

3. Select a contractor.
   •Identify qualified contractors (i.e., license, insurance, references, etc.).
   •Get bids.
   •Award contract.

4. Begin work.
   •Set schedule.
   •Monitor contractor's performance.
   •Conduct final walk through with contractor before accepting work.

5. Submit Notice of Completion form (if applicable).

6. You're Done.

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Contracting Tips

Helpful Contracting Tips

•Hire only licensed, qualified contractors.

•Check with neighbors and friends for referrals.

•Check references.

•Verify contractors' insurance.

•Write a specification of the work you want performed.

•Have a written contract that includes your specifications.

•Get three or more bids for large jobs. Do not automatically take lowest bid. Select best value based on price, ability to perform work, experience and responsiveness.

•State contracting laws prohibit a licensed contractor from accepting a deposit of more than 10% of the contract price or $1,000.00, excluding finance charges, whichever is less.

•If deposit is for purchase of materials, make your check out as a two-party check in the name of the contractor and material supplier.

•Retain a portion of the final payment until you are sure all work has been performed satisfactorily (include retention clause in contract).

•Allow for reasonable progress payments on completed work.

•Report unethical contractors to the State Contractors Board at (714) 994-7450.

More Tips
The State Contractors Board provides a free booklet entitled, "What you Should Know Before You Hire a Contractor," and is available by calling (714) 994-7450. In addition, the Contractors Board provides a 24 hour hotline, (800) 321-2752, which may be called to verify the status of a contractor's license.

Remember to have plans approved by the Association's Architectural Review Committee prior to bidding. This will help to avoid conflicts with the contractor's proposal resulting from possible changes to plans as a result of the committee's review.

Hiring the right professional contractor will make any home improvement go easier and add greater value to your home. Always be sure to plan ahead and follow the steps above when working with a contractor.

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Keeping Peace with Your Neighbors

Resolving Disputes - Keeping peace with neighbors, friends and people in between
By Steve Feistel, PCAM®

Your role as a participant...

Disputes arise in all aspects of life, but when they involve your home and matters of lifestyle, they can have a dramatic impact. Resolving disputes is no easy matter. However, if a dispute does arise, Accell suggests the following Dispute Resolution Process to keep the peace.

R • E • S • O • L • V • E

Remain objective: To effectively facilitate the resolution of disputes it is important that participants maintain an open mind with a genuine concern for resolving the issues in the best interest of all involved. If the perception is that either party has adopted an unchanging position the objective of negotiations will be compromised. Naturally, it is understood that differences do exist, otherwise there would not be a dispute to resolve. However, the process of dispute resolution needs to involve some middle ground on behalf of the participants. Without which, reasonable reconciliation of the issues will not be reached, which should be the ultimate goal of the participants.

Employ courteous and civil behavior during discussions: Disputes regarding home ownership issues can become very emotional. Often what is at stake are very precious commodities in the form of pride, lifestyle and perceptions of home ownership rights. These strong feelings can lead to shouting matches if basic courtesies and parliamentary rules are not followed. For this reason it is crucial that all parties involved in discussions clearly understand the parliamentary procedures employed during the resolution process. These include the following common courtesies and practices:

•Only one person to speak at a time.

•Do not interrupt others. Show each participant the same courtesy you would want extended to you.

•Respect the responsibility and authority of the person chairing the discussion.


•Be prepared to speak. Comments should be to the point and relate to the issues under discussion.


•Do not shout.

•Do not use profanity or other inflammatory language.


•Always be polite. You may use words such as thank you, please and you’re welcome.

Specify what's wrong: The first step in solving a problem is to define the problem. Before effective solutions can be reached, a clear definition of the problem needs to be developed and agreed upon. From this point progress towards resolution begins. Participants need to clearly state their positions and feelings regarding the issues.

Open and facilitate communications with all parties concerned: Most homeowners have a lot in common. However, when disputes arise, this common ground is often abandoned because of personality conflicts and inflated egos. Charging ahead without taking a careful survey of the terrain can lead to devastating outcomes for all parties involved. When homeowner disputes arise, all parties need to look to the common ground for mutually beneficial resolutions.

Mutual resolution starts with understanding and trust. Participants need to get to know each other and make a commitment to resolving the dispute. Objectives and perspectives need to be openly discussed. Emphasis needs to be placed on common goals and finding solutions.

Not all disputes can be easily resolved, but mutual resolution will result in many more disputes resolved earlier, more fairly, more efficiently, at less cost and with less animosity.

Listen to all positions and options: Listening is the number one duty of all participants. Often a combatant's opportunity to be heard by an objective and interested party is adequate compensation for accepting compromise and recognizing common ground.

Volunteer solutions: Disagreements are a natural part of negotiations. When they occur, alternatives need to be explored. As an interested participant, you can be a valuable source of alternative solutions to resolve differences. Sometimes a little unbiased insight can lead to amenable solutions to impassable barriers.

End with a clear decision and action: The resolution process should lead to a clear and decisive ending. After all parties have been given a reasonable opportunity to be heard and participate in the resolution process, reasonable people should be able to reach a conclusion. Decisions should be free from ambiguity and clearly state the action or actions to be taken by all involved parties. If necessary, some follow-up action may be appropriate to verify that the intended results of the decision have been reached.

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Clean Water Practices

Water quality management guidelines to protect our storm drains, channels, creeks, bays and ocean through the prevention of water pollution.
Clean Water Household Tips
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Everyday tips to prevent water pollution

Proper Disposal of Household Hazardous Waste
File: HoshdHazrdWaste_v9_sue.pdf
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The ocean begins at your front door.

Storm Water and Urban Runoff Pollution and What You Can Do to Stop It!
File: Pollution_Prevention091901.pdf
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Even though you live miles from the Pacific Ocean, you may be polluting it without knowing it. Before you put anything into the gutter or down the drain, stop and think!

Water Quality Guidelines for Landscaping and Gardening
File: Landscape_Garden.pdf.pdf
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Size: 103.61 KB

This brochure has been prepared to inform gardeners and landscapers of appropriate practices for landscape and garden maintenance activities in Orange County in order to protect the storm drains, channels, creeks, bays and ocean.

Water Quality Guidelines for Pet Care Activities
File: Pet_Care.pdf
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Size: 113.99 KB

This brochure is intended to explain the regulatory issues regarding pet care activities and suggest what you can do to prevent these activities from causing water quality problems.

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Frequently Asked Questions

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:

Administrative:
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.

Financial:
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.

Emergency Service:
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
(949) 581-4988

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