AMI hosts homeowners association bootcamp
Most homeowners in the area have a homeowners association or a community association that they must work with and for which they must follow specific deed restrictions.
HOAs have management companies that oversee some of the HOA board members’ decisions and serve as a go-to place if HOAs have any questions.
Association Management Inc., which manages 240 associations in the Houston area including several in this area, held its first of three bootcamps March 25 to explain what the responsibilities and duties are for board members and HOAs.
The bootcamp welcomed many local HOA board members and residents who wanted to find out more information about roles, responsibilities and rules for homeowners and the associations.
The purpose of the first bootcamp was to outline the duties of board members, hierarchy of statues, laws that apply to HOAs, rules and regulations, and more important information about what members are responsible for and their roles.
“Homeowners associations are popular, despite negative connotations, because it is a development who had a vision of what the association should be, created this legal document known as the deed restrictions, and then these regulations are enforced in the community for the success of a community as a whole,” David Regenbaum of AMI said.
Another reason HOAs are successful is because of community services they can offer due to their ability to use the collective buying power of the residents to their advantage. HOAs are able to provide services more efficiently and generally at a lower cost than an individual homeowner could obtain.
Community facilities such as pools, parks and lakes are there for the enjoyment of the residents, and the HOA is responsible for maintenance of the common areas and facilities.
“From a homeowners association’s point-of-view, the legal foundation is based on the hierarchy of laws that apply to these associations such as the U.S. Constitution, the IRS Code, Fair Housing Amendments Act, Fair Debt Collection Acts and a few others,” Regenbaum said.
The documents that form the legal foundation for the association are the plat map which lays out the property and establishes boundaries; the declaration, otherwise known as the deed restrictions or covenants; articles of incorporation; the bylaws; and the rules and regulations.
“The most important document is the declaration because it creates the community, creates the interlocking relationship and rights between the various homeowners and what the board must and can do in accordance with governing documents,” Regenbaum added.
AMI encourages HOAs to file their declarations at the county courthouse so homeowners will know what they are responsible for and can also hold their specific HOA liable to these documents.
In regards to roles and responsibilities of the homeowner, the principal rights are the use and enjoyment of common facilities, benefits of common services that are association operated in accordance with governing documents, access to association records and election of board members.
The obligations are payment of assessments, compliance with governing documents, acceptance of community rules and regulations, and loyalty to the HOA.
The HOA board of directors’ roles and responsibilities are protecting, preserving and enhancing the value of the assets of the association and its owners; performing maintenance; seeing to the financial wellbeing of the association; fostering and developing quality of life in the community; and exercising fiscal responsibility.
“Community building is the fundamental priority of the board as it is your obligation to the community,” Regenbaum added.
Regenbaum also outlined the specific roles for the officers, management and the committees of the board that manage items like budget and finance, communication and social to name a few.
The last topic covered at the first bootcamp was financial management because it is the responsibility of HOAs’ boards of directors.
At the end of the session, the guests had a question-and-answer session and brought up topics they hope to have discussed at the other bootcamps held later this year.
The next bootcamps will focus on liabilities HOAs have to deal with, how to handle residents who have not paid assessments, HOA legalities among other topics.
Association Management Inc. has an office in Kingwood located at 900 Rockmead Drive, Suite 144.
For more information on AMI, call 281-358-9090 or log on to www.amitx.com.