GENERAL QUESTIONS

Q. What is a Community Association?

A. Community Association is a generic term used to identify communities in which the owners share in the ownership and responsibility to maintain certain community assets. These Associations could be Homeowners, Condominium, Cooperative or any other type of a shared common interest community.  Associations are a legal entity under the laws Florida.  By purchasing a home/unit/parcel within your community association, you automatically become a member of the association and will remain so for as long as you own your home. Membership your association is mandatory and automatic for all owners. The deed to each lot, unit or share specifically designates that the property owner will comply with the Covenants, Conditions, and Restrictions (CC&R’s) of the association.

Q. What are the governing documents of my Association?

A. Depending on the type of association that you live in, the governing documents would include some or all of the following; the Declaration, the Declaration of Covenants, Conditions, and Restrictions, the By-Laws, and the Articles of Incorporation and the Rules and Regulations. You should have received a copy of these documents at your closing. PLEASE read these documents as they govern how your association operates.

Q. Do I have the option of not joining the Association?

A. No. Membership in the Association is not voluntary. All property owners become members of their Association when they purchased.

Q. What are the Bylaws? 

A. The Bylaws are the guidelines for the operation of a non-profit corporation. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership’s voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business

Q. What are the CC&R’S? 

A. The Covenants, Conditions and Restrictions (CC&R’s) are the governing legal documents that set up the guidelines for the operation of a planned community as a non-profit corporation. The CC&R’s were recorded by the Clerk of Palm Beach County office.  Failure to abide by the CC&R’s may result in a fine to a homeowner by the Association.

Q. How am I supposed to know what the Covenants are?

A. You should have received a copy of the Covenants at your closing. If you don’t have a copy, APM can provide these to you at a nominal charge.  In the future, we will have these documents online for the owners.

Q. Why do we have Covenants?

A. The Covenants of your association provides the standards for your community and when complied with, assure the quality condition and continued value of everyone’s property.

Q.  Who sent me a violation letter?

A. Violation letters are sent by Associated Property Management (APM), on behalf of the Board of Directors and in support of your documents.  They are created either in response to a complaint received or as a result of a visual inspection of the community by your property manager.

Q. I received a violation letter, but the violation does not exist. What do I do?

A. Occasionally mistakes may be made. Please contact APM if you believe you have received a violation letter in error.

Q. How do I report a violation of our documents?

A. Contact Associated Property Management.

Q. What records are available for members’ inspections?

A. Records and reports of the association are available to the members based upon Florida State law. For specific information on what records are available to you as an owner, please contact Associated Property Management.

BOARD OF DIRECTOR & MANAGEMENT COMPANY

Q. What is the purpose of a Board of Directors and what is their Role?

A.  The mission of the Board of Directors is to help protect the investment and enhance the value of the member’s property. The Board of Directors is responsible for maintaining the assets of the community and ensuring the financial health of the association. In addition, the  Board of Directors determines the level of services, and establishes policies and/or rules and regulations governing the use of the common areas. The Board is elected by the  membership of your association. The board has a fiduciary responsibility to do what is in the best interest of the association as dictated by the Governing Documents and State laws.

Q. Are Board Meetings open to all residents? If so, where and when are they held? 

A. Yes. Notice of the time and place of any regular board meeting will be posted in advance of the meeting, as required by the documents and State law.  Unit owner participation will be determined by your Board of Directors.

Q.  Who makes up the Board of Directors?

A. The Board of Directors is made up of non-compensated volunteers who are elected by the general membership at the Annual Meeting.  Majority of associations, this would be members.  Some association documents allows non-members to be on the Board.

Q. What authority does the Board of Directors have?

A. The Board of Directors has most, if not all of the following authority, subject to their documents and state laws.  The Board of Directors will do throughout the year the following:

Fill any vacancy on the Board of Directors
Establish rules and regulations for the association
Develop  and adopt an annual budget
Set assessment amounts for the coming year
Contract services for the association (management, landscape, maintenance, etc)
Collect assessments
Pay the bills of the association
Establish and oversee any committees
Enforce the CC&Rs, through the Fines Committee or by other means
Hold an annual meeting every year
Hold election of new officers of the association every year
Obtain insurance for the association as required by law and good business practices
Safely invest funds controlled by the Association
Provide the standard of care for the maintenance of the common areas
Hire the services of professional advisors, such as attorneys, accountants and engineers.

Q. How is the Board of Directors elected? What is the election process?

A.The members of the association vote to elect the Board of Directors. Each association’s Governing Documents outlines the process for board elections. Generally speaking, elections take place at the annual membership meeting. Owners must be in good standing to run for the board or to be able to vote in the election. A vote may be cast by ballot at the meeting or by proxy prior to the meeting. Typically, all votes are tallied and results are announced at the meeting.  The elected members then hold election of officers for the coming year.

Q. Can anyone run for the Board or who can be elected?

A. Only any member who is in Good Standing. Florida state law has restrictions on who may or may not run or vote.

Q. I don’t want to run for the Board but would like to assist in a Committee? What are the requirements?

A. The Board may establish committees and appoint committee members as dictated by the Governing Documents or deemed appropriate to assist the Board in achieving its goals and objectives for the Association. Committee members should be owners in good standing.  Most associations are always looking for people to help out.

Q. What is a Proxy and its purpose?

A. The purpose of a proxy is to establish a quorum for the Annual meeting (or any members meetings) as required by the Association’s Governing Documents. The proxy also allows owners who cannot attend the Annual Meeting an opportunity to vote or to authorize another individual to attend the meeting and vote on their behalf. Proxies are not allowed to be used for Board of Directors’ meetings.

Q.  Is it mandatory that I complete the proxy if I’m not attending the meeting?

A.  No. But it is recommended that if you are unable to attend the meeting you exercise your right as a unit owner, in good standing, to vote by proxy. This also allows for a quorum to be met. Quorum is defined in your Governing Documents but generally reflects a percentage of the ownership. If a quorum of the membership is not reached, the association may incur additional costs to reschedule and notify owners of another meeting.  In order to help to not waste money, it is advisable to submit your proxy in advance of the meeting.

Q. What are association committees?

A. Your Association may have committees that are required under the Governing Documents. Other committees may be established at the discretion of the Board. Members of committees are appointed and removed by the Board of Directors. The primary function of the committee is to render a recommendation to the Board on the subject matter of their committee.  Decisions by the committees are generally non-binding on the Board.

Q. What are my options of communication when it comes to contacting my Property Manager or Board of Directors?

A. Your Board of Directors can always be reached through Associated Property Management (APM). APM’s office is open during the hours of 8:30 am – 4:30 pm Monday through Friday.  561-588-7210 or apm@assocpropmgt.com

Q. Why can’t I get the names, addresses, and phone numbers of my Board of Directors? Don’t they work for me?

A. Your Board of Directors are individual unpaid volunteers who may not desire to make their personal phone numbers and addresses available. All communications directed to the Board at the APM address will be delivered to the Board of Directors.  1928 Lake Worth Road, Lake Worth, FL 33461 - 561-588-7210 -  apm@assocpropmgt,com

Q. Is there one vote per family member?

A. In most associations, there is one vote per household. Consult your Governing Documents to understand how votes are calculated in your association.

Q. What is a management company; what do they do, and how do I reach them? 

A. A management company is contracted by the Board of Directors to provide such services as: Billing and collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports, as well as most administrative duties, communications with unit owners and the Board of Directors and to serve in a “Go Between” and advisor capacity. The management company reports directly to a Board Liaison and all decisions are made by a majority vote of the Board of Directors. The management company may be reached online through the Contact Us page on this website or by phone from the numbers listed on this Website.

Q. Who handles the affairs of the Homeowners Association and is responsible for making decisions for the Association?

A. The Board of Directors have the sole responsibility, NOT the Associated Property Management (APM). The Board of Directors oversees all operations of the Association, including the duties of the Associated Property Management.

ASSESSMENTS & BUDGETS

Q. Do we have a budget?

A. Associations adopt annual budgets for each fiscal year. This budget is available to all owners by request or by mail in accordance with your association’s Governing Documents. The budget is developed by the Board, with the assistance of APM. The budget is developed over a period time in open meetings so that homeowners will have the opportunity to understand how assessments are set.

Q. How can I find out how my Association dues are being utilized?

A. The annual budget determines how your assessments will be used. The financial health of your association is usually reported at each Board meeting and at each annual meeting. In order for the Board to accomplish the many tasks for which it is responsible, the association utilizes your assessments to operate the association, including routine maintenance, general administration, major repairs or replacement of capital items and adequate reserve funding.

Q.  What are Assessments and how are they spent?

A.  In order for the Board to accomplish the many tasks for which it is responsible, the association needs operating funds for daily maintenance, repairs, administration and adequate Reserve funds for major repairs or replacements of capital items. As a member of the association, you are required to pay a share of the costs.

Q. Are my Assessments fixed or can they be raised?

A. The costs of operating the association are not fixed and therefore your assessments are not fixed. You must refer to the Governing Documents of your association to determine the method by which assessments are modified.  Also, in some cases, Florida state law will have guidelines as well.

Q. What is a Special Assessment?

A. In addition to your regular, annual assessment, the association may approve a special assessment to remedy unforeseen needs or circumstances (for instance after the hurricanes), make capital improvements, and/or to correct operating deficits from prior years.

Q. Is an invoice or bill sent for my maintenance assessments?

A. The association nor APM is required to send any notice regarding the dues. APM will send you payment coupons or statements at the beginning of every fiscal year or shortly after you have closed on your home. Some associations have us send quarterly statements every quarter.  This notice and billing of assessments depends on each association’s procedures.

Q. What happens if I do not pay my maintenance assessments dues?

A. Each association has their own policy.  Generally, if the dues are still not paid, your account is turned over to the association’s attorney for collection. Per the Documents the unit owner will be responsible for any and all administrative costs and  legal/court costs. A lien will be placed on the property. If the dues are not paid after a lien is secured, the property will be foreclosed upon.

Q. I thought my dues were included in my mortgage payment. Why do I have to pay them separately?

A. Your dues are not included in your mortgage payment like your insurance and taxes are.

ARCHITECTURAL CONTROL COMMITTEE (ACC)

Q: When must I submit a request to the Association or ACC?

A: Your Documents will guide you on what or what cannot be done with your property.  Generally, plans and specifications must be submitted in writing.  Many associations have forms that must be used for submitting any requests. Remember that your change or addition may also require permitting by the municipality or Palm Beach County.

Q: Why must I submit a request to the ACC?

A: This is to ensure compliance with the Declaration of Covenants, Conditions and Restrictions and to ensure any changes, additions, alterations, etc. will be consistent with the existing harmony of your association in order to protect property values of the entire community.

Q: I have a question regarding an architectural request, whom do I contact?

A: You may contact your property manager at Associated Property Management.

Q: I submitted an architectural request but have not received an answer.

A: Generally, most associations have at least up to 30 days for a response to your request.  If you have not heard from the ACC or the property manager after 30 days please contact them via the website or contact your property manager at Associated Property Management.

Q. Why do I have to get permission to make changes to my property. I should have the right to do whatever I want since it is my house.

A. When you purchased in your association, you purchased your home subject to the  deed to abide by the Declaration of Covenants, Conditions, and Restrictions. These covenants restrict your private property rights in some ways and are restrictive to what you can and cannot do, however, they insure that your property values will be preserved, protected, and enhanced. By having to obtain written permission from the Board of Directors/Architectural Control Committee before any improvements, modifications, or alterations are made, this insures every unit owner that nothing should be done in the community that would be detrimental to their property values and their way of life.

Q. My neighbor will not maintain his lawn and shrubs in a neat and orderly manner. What can I do?

A. Contact Associated Property Management during business hours. A notice will be sent and if the violation is not corrected in a timely manner, this matter will then be turned over to the Board of Directors for further disposition.

GENERAL QUESTIONS

Q. Children are continually playing in my front yard of my townhome, what should I do?

A. Contact the parents and try to correct the problem. If the problem persists, and the children are doing damage to the grounds or buildings, call the police. Also, find out who the children are and call the Associated Property Management during business hours.

Q. My neighbor has a dog that barks all the time, and when the dog is out, it runs free and messes up my yard. What can I do?

A. First of all, do the neighborly thing – - go talk to your neighbor and see if this will help. If it does not, you should call the local animal control and notify  Associated Property Management during business hours.  Be able to documents times and occurrences for the association’s files.

Q. My neighbor is loud, plays loud music, has parties, etc. What do I do? Who do I call?

A. Try to talk to the neighbor first. If this does not work, call the police! Neither Associated Property Management nor your Board of Directors have police power. It is a matter for the local police or Sheriff’s office.

Q. I never got a copy of the Covenants. Where can I get one?

A. You should have received a copy of the Covenants from your closing attorney when you purchased your home. If you did not, Associated Property Management will gladly make you a complete set for a nominal charge. 

Q. If I sell my property, is there anything I need to do?

A. Make sure your closing attorney/closing agent calls APM for estoppel information.

Q. I have a car with no license plates and/or current inspection. Can I park it on the property?

A. Generally, most associations prohibit this from taking place. All vehicles parked on association property usually must be in operating condition, both legally and mechanically. Current license plates/inspection, and no flat tires. Any vehicle not in operating condition legally and/or mechanically will usually be subject to being towed and stored at the owner’s expense and/or fines.

By being familiar with your documents, declaration, covenants and restrictions and your association’s rules and regulations, you will then avoid most misunderstandings that can take place in most community associations.

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