What Are HOA Governing Documents?

We’re always talking about the association’s governing documents, but what are they?

State Law

Almost every state has statutes governing condominiums and homeowner associations. In addition most associations are subject to the state corporations’ code.

Declaration, Master Deed, or Proprietary Lease and Their Covenants and Restrictions

Planned communities are created by declarations (also known as CC&Rs). Cooperatives are created with proprietary leases (also called occupancy agreement). These contain the restrictions that regulate residents’ behavior, they define owner’s rights and obligations, and establish the association’s responsibilities.

Articles of Incorporation

Most associations, and all cooperatives, incorporate and have articles of incorporation that define their purposes and powers. They may specify such things as the number of directors and their terms of office.

Bylaws

Bylaws address association operations such as procedures for meetings and elections and specifying the general duties of the board.

Resolutions - Rules and Regulations

Board members adopt rules and regulations, and sometimes members have to approve them. Rules and regulations are recorded as board resolutions. Resolutions must be consistent with the declaration or proprietary lease, the bylaws and state law.

Association governing documents are almost always trumped by state law. But, when association documents conflict among themselves, the CC&Rs carries the greatest weight, followed by the bylaws and then the rules and regulations.

December Landscape Tips

For a festive Christmas, plant red and white cyclamen, and/or poinsettias. The poinsettias are frost sensitive, so cover with burlap if the temperature dips below freezing at night. Along the same line, in those areas where frosts are just an occasional thing, keep plantings well-watered so whenever a freeze threatens, plants are more likely to survive. A "turgid" well-hydrated plant is better-equipped to recover than a dehydrated plant. 

Continue to rake leaves, clean drains, and water only if the dry Santa Ana winds blow and zap moisture from the soil or if more than 10 days pass without rain. Look at your soil to verify it is starting to become dry or you see stress in your turf before turning on irrigation. Do not prune tender cold sensitive plants, but now you can prune deciduous fruit trees.  After pruning them, spray with dormant oil to prevent fungal diseases and pest problems.  If you hadn’t pruned your trees in the fall, and before winter storms do too much damage, now is the best time to prune pines, and most shade trees can safely be trimmed as well.  Plus, it’s easier to see what you’re doing when the leaves have gone during dormancy. Remove weak or cracked limbs, and open up the canopies so wind and rain can pass through them, but never remove more than twenty percent of the canopy and avoid lion tailing (stripping leaves from the branch only to leave some at the tip.)   

If the trees are big, hire a licensed tree trimmer supervised by a certified arborist. Find one by visiting www.isa-arbor.com. If plants get hit by frost, resist the urge to prune away injured tissue. The damaged parts will protect inner growth from additional harm should there be another frost. (Once spring growth appears, you can cut off damaged areas above it.) If you purchased bulbs like tulips, hyacinths, crocus, and daffodils in the fall,  and gave them some cold treatment in the refrigerator, plant them now. They will erupt in spring and your patience will be rewarded. Similarly, if you have not planted your wildflower seeds, get it done now.  

Bonus Tip: Bare root plants will start to appear in home centers next month. Smart gardeners will go now to specialty stores and pre-order harder to find and unique varieties of bare root trees and shrubs, roses, and even vegetables for planting next month.

Happy Thanksgiving from Avalon Management

We hope that all are enjoying this time with family and friends, and we are thankful for our family of clients.

"We must find the time to stop and thank the people who make a difference in our lives; these are the residents, the many people we work with, and communities which we serve" - Mark Jones, President of Avalon Management  #happythanksgiving

HOA Board Responsibility

Your community is more than just a neighborhood. In many ways, it’s a lot like a business. Collectively, your regular annual assessments amount to tens of thousands of dollars that need to be budgeted carefully and spent wisely. And your neighbors who have volunteered and been elected to serve on the association’s board are responsible for making critical decisions - on our behalf - about managing the community and our money.

The board also develops long-range plans - like when the parking lot will need to be repaved and when the elevators will need to be replaced - about the parts of the community that are shared property. The board must set aside funds so that these kinds of projects can be accomplished on schedule or even ahead of schedule in the event there’s an unexpected breakdown.

The board also sends out requests for bids and contracts with vendors to do the work necessary to maintain our shared amenities. Board members decide who will do the best job of replacing the roof at the best price or who will be the most reliable company to hire to mow the grass and remove dead tree limbs.

The board’s decisions can have a significant impact on the community’s appearance and, consequently, on our property values. Regardless of our professional manager, the board ultimately is responsible for overseeing association operations. Be sure to communicate with the board regularly, observe board meetings, and attend annual meetings to elect responsible board members and to participate in the conversations about significant community issues.

Thank You Veterans!

President Kennedy said once ‘Ask not what your country can do for you, but what you can do for your country.’  The men and women in our military have answered that call.

The courage and strength that our veterans exude are qualities which deserve only our highest gratitude.  We cannot thank you enough for what you have done, the sacrifices you have made, and what you continue to do for this country. You have our best wishes and our deepest appreciation.

November Landscape Tips

In November, it is time for our final lawn Fertilizer application this year. Use a product that has a good dose of potassium and phosphorus to support root health like 16-6-8 or similar. Now that the weather has finally cooled and we are watering less, you will notice that your grass is growing more slowly. It is growing so much more slowly in fact, that we can reduce mowing frequency to once every other week instead of weekly and edging every six weeks will be sufficient. You can continue on this pace until spring. The time you save from mowing may need to be spent raking. Clean up leaves as they fall to prevent mildew and fungus spores from spreading. Continue planting perennials, groundcovers, herbs, roses, trees, and shrubs; don’t worry it is not too late. Oddly you may get some of your best rose blooms this month. But stop fertilizing to encourage them to go dormant for a couple of months in January and February. They need the rest, and you need them to go dormant to hard prune.   If we do get rain, it is time to plant native wildflowers such as California poppies. Do not worry, you can plant them in December or January as well, but want to time it with the wet weather.   Remember to turn off the irrigation system if it does rain, or better yet, turn off the system a day before if the forecast calls for a 75% or better chance of rain the next day.  With the damp mornings, watch for snails and slugs. As needed, set out pet safe baits.  Water your established shrubs and trees if there’s no rainfall for more than a week and a half. Even if there is no rain at all, we only need to water 2-3 times a week, and 5-9 minutes per station. Inspect drains, and make sure you are prepared for the coming wet weather; I promise we will eventually get some rain.  Bonus Tip: Backyard garden enthusiasts, plant strawberries in the first half of the month for maximum fruit harvest. Space plants 1 foot apart in rich, loose soil in full sun. The “straw” in the name comes from an old practice of mulching around the berries with straw to prevent the berries from rotting on the soil. Use garden cloths instead for your home garden. Better yet, just be diligent in picking, and expect a few lost fruits

Check out the Avalon Mobile App for your community!

Avalon has rolled out our mobile app for every community we manage.  Instant access to association information, communications and notifications.   Here is a short video overview: Community Base

#hoawebapp,#avalonmanagement

Thank a HOA Volunteer

Doing good may be its own reward, but most volunteers would probably agree that it’s also nice to be recognized for the time, effort, and commitment they put into serving others - particularly in what can sometimes seem to be thankless roles.

Members of our community devote their energy and enthusiasm to making our community the very best it can be by serving on the board, a committee, and on neighborhood projects. And, volunteers help keep assessments down—every hour of volunteer work is an hour of salary the association does not have to pay a service provider.

Below are some easy ways to show your neighbors how much you personally appreciate their hard work.

·         Keep an eye open for those featured the newsletter. When you see them, introduce yourself and say Thanks!

·         Join us for our annual volunteer appreciation celebration. Help us honor those who have donated their time throughout the year, and have some fun.

·         Send an e-mail to a volunteer explaining that he or she is valued for stepping up.

As volunteers, your neighbors invest their time in projects that benefit you. No association can thrive without them, so let them know you appreciate their efforts.

Have an idea for recognizing volunteers? Contact a board member and share!

October Landscape Tips

According to the calendar and position of the sun, it is now officially fall. It might not seem like it, but the nights are cooler and the days are shorter. Trees will start to drop leaves as they prepare for dormancy. Make sure you stay on top of raking to reduce fire danger in the windy Santa Ana season.  We can now do any final hard pruning on the heartiest of plants, but do not prune tender plants at this time.  By October the growth rate of our turf has slowed so we can lower our mowing height to 2.5”. While at it, sharpen your mower blade.  The demand for water by your lawn has also lessened, and the cooler damp evenings could breed fungus. Keeping the turf shorter will help prevent this and may reduce thatch buildup.  October is a great time to replenish any mulch that has depleted from summer.  Now is the absolute best time to plant native shrubs, such as California wild lilac (Ceanothus), lemonade berry (Rhus integrifolia), and manzanita (Arctostaphylos), to your garden. Other California friendly and Mediterranean plants like Texas ranger, calliandra, salvias, do well if planted now too.   As the weather continues to cool, add days between watering, but always irrigate for that same 5-9 minutes. We may only be watering 3 days a week now, adding an additional day if the temperature spikes, or the dry winds whip up. Speaking of winds now is a great time to prune your trees. If you wait another month, you may get damage to overly thick canopies during the rain and wind ahead. For a festive fall look, plant garden mums, pansies and violas in fall colors now. We can also plant annual flowers for over wintering like snapdragons, geranium, nasturtium, and Iceland poppies. They will bloom now then return to bloom again in spring. Bonus Tip: It's worth picking up wildflower seeds toward the end of this month.  You'll have fresh seeds to select from and be ready to sow them as soon as the rains come, be it the beginning of November or not until the turn of the year.

Why HOA Residents Need to Volunteer

A homeowners association doesn’t work thanks to the participation of a small group of Board Members. Instead, it takes the input and active involvement of every homeowner. Without volunteers, working hard behind the scenes, your community wouldn’t be as wonderful place to call home.

The Role of Committees

That’s why committees are so important for maintaining our community. These volunteer roles provide a way to get further involved in shaping the current and future direction of the community. That involvement includes determining what it should offer and how it can help maintain or even grow home values.

Committees consist of homeowner volunteers who supplement the work done by the Association’s paid employees. These committee volunteers can help save the Association a significant amount of money each year through the work they accomplish. These selfless individuals contribute their time, expertise, and skills to create a vibrant and flourishing community that homeowners want to come home to and where others are eager to live.

How to Make a Positive Impact

As a volunteer on a committee, you can make a difference. Here are ways that your involvement can create a positive impact for everyone:

 ●       Your fresh perspective can help solve a long-standing issue or offer an innovative idea that enhances the community’s aesthetics or helps optimize assessment dollars.

 ●       You can get involved in the Association newsletter, providing valuable information for your fellow homeowners or encouraging them to submit ideas and tips that benefit the entire community.

 ●       You may enjoy planning social activities that are fun and memorable, so you can leverage your committee involvement to put together social gatherings that tighten community bonds.

 ●       Your ability to influence others in the community who respect you can be a way to drive greater Board meeting attendance and motivate greater involvement in the decisions and actions that impact everyone.

 ●       Your work and experience on these committees can serve as a training ground to make you a more-informed future Board member should you want to take on this  critical volunteer role.

Types of HOA Committees

There are three types of HOA committees that you can join. These committee types include:

 ●       Administrative committees: These ongoing committees have clearly defined authority and roles as typically established in your Association’s CC&Rs. Examples include an architectural control committee.

 ●       Standing committees: Each of these committees fulfill a certain purpose on a permanent basis. They make recommendations and act according to the power provided them by the Board. Examples include a finance or landscape committee.

 ●       Ad-hoc committees: The Board establishes these temporary committees to complete certain tasks or projects. Once they finish the specific project, the committee ends. Examples include a holiday party committee or CC&R revision committee.

Best Practices for Committee Development and Management

After your Board appoints a committee, it’s important to provide specific guidelines that frame the responsibilities and roles of those involved in that committee. That means creating a job description for each committee member, a mission statement, and set of objectives that override everything that the committee does.

In doing so, everyone has a better understanding of what their volunteer work entails and motivates them by showing how they can make a difference. It’s those best practices that ensure the committees do what they intend to do: assist paid staff and management company members as well as enhance the community for greater enjoyment and home values.

Get Involved!

If you have been thinking about getting more involved in your Association because you have the time and interest to help make it a better place, now is the time to get involved. It’s also an ideal way to get to know more homeowners in your community.

Talk to others who currently serve, or have served, on a committee to learn more about the role. You can also contact a Board Member or Association Manager who would be happy to share more information.

For more information please visit:  www.AvalonWeb.com

Remember 911 - Patriot Day

Remember September 11 - If You Don't Take Time To Remember, You Forget.

To read more see: http://en.wikipedia.org/wiki/September_11_attacks

Can an HOA Make Exceptions to Rules?

You know we have rules to preserve the appearance of the community, protect the value of our common property and our individual homes, and make our neighborhood more harmonious for all. What you may not know is that in some rare instances, the association will waive some rules and regulations.

It’s not a decision the board takes lightly. There’s a fine line between upholding the rules and being flexible as times change and individual issues arise.

If an owner comes to the board and asks us to waive a rule, we consider the individual circumstances, the priorities of fellow owners, whether a precedent is being set and how we’ll document the waiver. The board will carefully review how the rules and restrictions are written and whether there’s any flexibility. The association has to be very careful about granting waivers so that they don’t set off a domino effect.

Some things, like assessments, will never be up for negotiation. The board may approve payment plans or waive late fees and interest depending on the circumstances, but owners must always pay their share of common expenses.

In general though, we understand the need to be flexible when circumstances warrant. We all live in this living, breathing, changing community, and issues aren’t always black and white. If you think the association should waive or relax a rule, come chat with board members or the manager. We’ll let you know whether it’s something we’ll consider.

September Landscape Tips

As most of the country has begun to see the leaves turn, in Southern California we are still having hot days. Do not worry, fall is looming on the horizon, you can tell because our sycamore trees are starting to drop leaves.  Fire danger becomes very real during the windy Santa Ana winds. You may have had some regrowth of vegetation in your fire protection zone. It is a good idea to do one last cleanup. While you are at it, look for plants that have grown wildly over summer and are now under eves, touching roofs, or otherwise create fire ladders. Prune as necessary.   

The winds also wreak havoc on young trees with thick canopies, so prepare by thinning any overly heavy tree, and checking the integrity of tree stakes on young or newly planted trees. It is best to have a licensed tree care professional certified by the International Society of Aboriculture trimming your mature trees; Call them now to get on the schedule. September is a great time to check your yard drains and clear them out before the coming fall and winter rains. Just remember that after a good wind event you will have a buildup of leaves again, so check your drains often until spring. 

We should fertilize our lawn after Labor Day. Use a fertilizer labeled for fall, numbers 16-6-8 or similar.  It will have less nitrogen and more potassium and phosphorus to help strengthen the root system and food storage capacity of your lawn. This will help your turf thrive over winter.  Generally we can resume planting now, but hold off if we have an errant heat wave.  Now through November we can plant shrubs and trees so they have time to get established before the freeze of winter. We can also plant our fall annual plants like snap dragons and pansies.  If crabgrass had taken over areas of your lawn, dig it out and loosen the soil in any thin spots as well and seed or sod.  To rejuvenate  a typical tall fescue lawn (Marathon type), it is best to over seed with a mix of 70% tall fescue and 30% perennial rye grass seed. If you have a Bermuda or other winter dormant lawn, you should over seed with 100% perennial rye grass, but it can be a mix of types. Never use the cheaper “annual” rye grass. It becomes a weed in our warm climate. You will need to keep the seeds moist by watering 2-3 minutes, 3-4 times a day, for two or three weeks. If you are not over seeding, reduce your irrigation as the weather cools down to 4 days a week, and still 5-9 minutes each day.  

Bonus Tip: You will see fall planted spring bulbs like tulips, hyacinths, crocus, and daffodils appear in home centers now. In our climate it is way too early to plant and they will benefit from an artificial chill anyhow. Buy your bulbs now and place in a paper bag away from  fruits in your refrigerator for several (up to sixteen) weeks. Plant them in December for a stunning spring display.

7 Tips to keep Assessments Low

Although most homeowners understand why there is a need for assessments, it doesn’t mean they like paying them. Even worse is when they receive a notice that their assessment dues will be increasing yet again. In a day and age where everything seems on the rise, including groceries, gas, and utilities, a homeowner is already under pressure when it comes to ensuring their hard-earned dollars get them everything they need and want.

That’s why it’s more important than ever for an HOA Board and its members to find ways to keep assessments from constantly increasing. 

It’s a challenge to maintain a balance between fulfilling the HOA’s financial obligations and ensuring the assessment fees remain as low as possible. Although it may seem like a never-ending conflict between those two issues, it is possible to achieve.

The Challenge of Striking a Balance

It’s not just the cost of consumer goods and services that's on the rise. In response to the increasing cost of materials, numerous vendors and services an HOA uses are also going up. Since these products and services are necessary for making repairs and improvements necessary to maintain an HOA’s value, the Board must find a way to absorb the higher costs.

The Role of Assessments

This is where assessments do the work of absorbing those costs. There are two types of HOA assessments. First, the monthly assessments are for the basic upkeep like landscaping and amenities maintenance as well as other ongoing expenses.

The second type of HOA assessment is what’s known as a special assessment, which covers larger projects and costs that don’t occur very often. For example, a special assessment may cover extensive pool repairs like re-plastering or a new pool deck. Or, this special HOA assessment could pay for a new clubhouse roof. If the regular HOA assessment is low or if there are no reserve funds in place, the Board may issue a special assessment.

Tips For Effective HOA Assessment Management

Despite facing rising product and service costs, there are ways that an HOA Board and community members can do to keep fees from increasing or, at the very least, ensure they don’t increase too fast or too often. Here are seven tips for Board and community members that can help maintain current assessment amounts while addressing external cost pressures:

1. Ensure homeowners pay all fees, including regular and special assessments. One way to help make this happen is to accept automatic payments. This allows homeowners to schedule recurring payments from their bank so they don’t forget about it each month.
2. Keep tabs on association money. Regular reviews of the financials on a quarterly basis can help the Board identify how the money is being spent. Unfortunately, there may be unethical Board members so ongoing audits may spot misappropriation of funds.
3. Get the best value for critical community services. Each year, it’s a good idea to assess vendor costs and identify any vendor that may not be providing the best value for their services. This may require that you obtain additional bids for certain projects or regular service to ensure you are getting the most bang for the Association’s bucks.
4. Reduce overhead costs as much as possible. Since your HOA most likely maintains a budget, it’s a good idea to regularly check on how well you are sticking to those figures. Tracking spending in each area of the Association often helps identify areas that need improvement. For example, changing all light bulbs to LED options around common areas or parking structures could reduce energy costs
5. Involve everyone in improving and maintaining the community. Homeowners must take pride in their community. Everyone has to pitch in and keep their homes looking nice as well as following community rules. It costs money to take action against homeowners who violate the community rules. Plus, when community members don’t take care of the community’s parks, pools and other common areas, then this also costs money to clean and repair.
6. Take care of smaller issues sooner than later. By addressing problems as soon as they arise, they are less likely to become more expensive issues in the near future. For example, repair a pool leak before it leads to underground flooding that can result in an extensive overhaul of the pool structure and decking.
7. Foster community spirit. It's important to create a sense of community where everyone believes they can make a difference and where everyone cares for each other. Share articles in newsletters that illustrate the benefits of maintaining a community’s aesthetic, including how it influences home values. Provide regular information on why and how assessments may be changing or announce the good news that everyone’s efforts helped maintain the assessment amount for another year. Host community events that show gratitude for homeowners' efforts. It's also an opportunity to bring homeowners together so they feel part of something bigger.

It’s a Collaborative Effort

To a certain extent, most homeowners know HOA assessments will eventually go up. However, working together on these seven tips are some proven ways to maintain or slow HOA assessment increases in the future.

For more information please visit:  www.AvalonWeb.com