Frequently Asked Questions
The following often-asked questions have been answered for you here. If
your question isn't answered here, the please feel free to
submit a question to us.
What is a Homeowners/Condominium Association?
Who is the Board of Directors?
What does the Board of Directors do?
What does Community management Group do?
What do I need to do for exterior changes (Architectural Review Committee)?
Are the Rules in place to settle homeowner disputes?
What is an Assessment, and why do I pay one?
Do we have a budget?
What's the Scoop on Doggie Poop?
Noise, pet nuisances, speeding... How can you help me?
Do you accept online payments or credit cards? Where do
I send my check?
What are the Association account collections policies?
How do you figure what my Assessment will be?
Parking is a problem in my neighborhood. How does the
HOA assist?
What can you do about all of these renters in our
neighborhood?
Why can't you publish who owes money right on the door
of the Food Lion?
Why can't you tell me the status of the violation I
have called in for action?
When will my developer transition the HOA to property
owners and what will happen?
Alligators ! There is an alligator near my house and I
am afraid for my pets and family. Can you relocate it to another pond?
I live in the City and our streets flood very often.
What can be done and why don't storm drains work like they should?
FAQ 19
FAQ 20
What is a Homeowners/Condominium Association?
An Association is a not-for-profit organization of owners formed for the
purpose of maintaining the common areas. An Association was formed when
the Declaration of Covenants, Conditions and Restrictions was recorded.
You became a member of the Association the day you closed on your new
home.
Who is the Board of Directors?
The directors are owners, like yourself, that are elected by the
membership. During the time period of development and
construction, Board members are appointed by the developer.
What does the Board of Directors do?
Your Association is a non-for-profit corporation incorporated in the
State of SC. As such, the Board’s responsibility is to run the business
of the corporation. The Board has a fiduciary responsibility to the
stockholders or owners of the corporation. This includes timely
collection of Assessments as well as payments made for services provided
to the Association. In general, the Board Members are the decision
makers for the Association and they set policy for Management to follow
in accordance with the Covenants and By Laws which they cannot change
without a supermajority vote of the membership.
What does Community Management Group do?
With a few exceptions at some communities, your Manager serves to handle
all daily operations of the Association. These responsibilities are
divided into three major groups:Financial: We work with the
board to draft a zero-based budget for Board adjustment and approval. We
employ a very strong Assessment collections process as refined from your
recorded documents and Board policy. We disburse Association funds to
vendors and utilities based upon the budget and under Board directives
and policies.
Covenants Enforcement: We follow your Covenants, Board policy
and reasonable interpretation to handle all aspects of Covenants
enforcement and serve as a first and second line of dispute resolution
should an owner take issue with a notice from the Association.
Weekly site visits are made through each community and each property is
compared at this time against a list of general and specific standards.
Each community has slightly different policies concerning what is a
violation, on the timeline for correction and for penalties for
violations. Most communities allow Community Management Group to
conditionally waive an initial fine (but not late charges for those not
timely paid) provided the violation has been cleared up and does not
recur, or it may be reinstated and doubled. These requests may
come to us by e-mail or letter. Most communities have a fine
schedule after an initial notice is mailed of $25, $50, $100... and may
eventually escalate to daily fines. In some cases, your Association may
take legal action against non-compliant situations or may take other
remedial action at owners expense, the cost of which may be assessed
against your Association account and is collectible
as Assessments.
Common Area Maintenance: Your Manager works with third-party,
outside vendors for maintenance of all common areas, including ponds,
pools, docks, amenity buildings, gates and other structures, plus all
landscaped grounds. We set schedules for seasonal plantings and
mulch and groundcover application. These are purely ongoing maintenance
considerations. Your Manager cannot
undertake enhancements to the existing amenities without specific Board
approval. The Board needs to have BUDGETED for the enhancement as there
are finite funds available for the Association operations. Special
Assessments may be required for non-budgeted enhancements.
Exterior changes and your Architectural Review
Board (ARC, ARB, DRB)
Your Declaration of Covenants requires that the Board uphold the restrictions
contained within the documents. It is to the homeowner’s benefit to have
rules in place in their Association. Rules are intended to establish and
maintain a certain standard of aesthetics, which will enhance the
property value. All exterior changes or additions to the property
including pools and fences must be approved in advance by the
Architectural Review Committee. Some communities call this the
Architectural Review Board or the Design Review Board.
Some ARBs take as much as 30 days or longer to review applications.
Some meetings are scheduled in advance and some ARBs simply take some
time to review applications. Community Management Group generally
can not expedite applications given over to your ARB, but we'll
certainly not be a part of a delay.
Applications, fees, deposits, rules and guidelines are available on
your individual Association web page.
Community Management Group is the administrator for your ARB and
coordinates applications. ONLY completed
applications with all documentation, site plans, architect stamps,
deposits and fees attached will be transmitted to the ARB for review.
Incomplete applications will not be accepted into processing, but you
will be contacted by phone to provide the particular missing items.
Are the HOA Rules in place to settle neighbor disputes?
NO. Unless the problem is one causing a common area concern or a direct
violation of the Covenants, homeowner disputes should be settled between the parties
involved. Your Board is not in place to serve as referee between neighbors.
In any community, whether governed by an Association or not, homeowners
run into personality clashes, pet problems, and other neighborhood
issues. Often, the problem can be easily resolved to the satisfaction of
both parties with no hard feelings, with open communication between the
parties. In the City of Charleston, owners with grievances may
consult with the
Livability Court who may have an alternative means of dispute
resolution.
What is an Assessment, and why do I pay one?
As in any business, funds are needed to run that business. The business
of your Association is to maintain the common area landscaping, ponds,
amenities, play equipment, building exteriors (condos and some
townhomes), signage, insurance, utilities, administrative costs,
postage, invoicing, accounting, reserves for future projects, etc. The
Assessments are used to cover these expenses. As a member of the
Association, you are required to pay a share of the costs.
Do we have a budget?
A
general article is available here for Board members concerning
"Questions to Ask Before Raising Assessments". Development budgets are
based upon projected operating and maintenance costs.
Post-development budgets are done with a zero-based method. Costs
are usually known after 2 to 3 years experience with your community.
The total operating cost, plus reserve allocations, minus ancillary
income and developer subsidy = the total Assessments required to operate
the Association. Your share is your percentage interest in the
Association. Usually 1/[total homes]. Budget development can
be very complex and accurate figures depend upon numerous factors.
Your Board, whether developer-controlled or resident-controlled has the
very same interest in keeping Assessments low, balancing the needs and
wishes of the Members.
How can I review the budget and financial
records?
A copy of your budget is usually available upon request via e-mail. Some
Associations will require that you make an appointment to review the
budget at the Association office. All Associations require (most
by recorded Covenant) that more detailed financial records, financial
statements and supporting documents be reviewed at the Association
office. These records are not public but are 100% available
for review by members of the Association. Account delinquency is
not available to anyone except the delinquent member and the Board of
Directors. Association financial statements are complex and can generate more
questions than answers especially for persons not trained in accounting
and finance. Your Manager can meet with you to address any
concerns that you may have with how your Assessments are being expended
and to explain to your satisfaction whatever questions you may have.
The Scoop on Doggie Poop
Pet waste brings health concerns and owners may consult with local
authorities on a solution for this. An excellent
Post and Courier article is available here. Under certain
circumstances, your Association
can install pet waste stations in the common areas. Not all
Associations have waste stations for financial reasons (they are costly
to install and must be constantly maintained) or because there are limited common
areas away from homes. Encourage your Board to budget Association
funds to purchase and install these. There are some
enforcement options at this link. We often
joke that the Association cannot legislate common sense and
neighborliness. Association-enforcement options are very limited unless
an owner provides photos of the owner failing to clean up after their
pet...
Noise, Nuisance
and Speeding Issues
Noise
disturbances, pet nuisances and speeding are a common occurrence in many communities and can be a
very frustrating problem. While some governing documents may address
nuisances in your Community, enforcement of these restrictions
by your Association is rather limited. Noise is
immaterial and lacks substance. It’s also very difficult to prove-
ultimately a court of law has to decide a case. An Association
cannot convincingly measure noise without proper instruments. Pet
droppings and barking are similarly dubious to prove conclusively. Without
tangible, physical proof the Association has little recourse.
However, as a homeowner, there are several things you can do should a
nuisance affect you: First, kindly ask your neighbor to correct
the situation before involving the authorities. If the problem persists,
report the violation to the appropriate municipality police department.
Try to document as much evidence as possible to give to the authorities.
Documentation is essential when prosecuting a case so be sure to collect
as much information as you can for the police. Should a disturbance happen in the City of Charleston, you may call the
Livability Court at (843) 805-3226 and ask to speak to Corporal Robinson
regarding your concerns. Other municipalities have various
protections and some such as Dorchester County have considerable fines
for pet droppings. Speeding of vehicles is entirely a police
matter. Calls to the local office may generate increased vigilance
by the local PD.
Association Payment Options
There are
several ways you can set-up automated association Assessments.
1) ACH is an electric funds transfer system used to transmit funds from
one account to another. ACH payments are paid on the due
date of the Assessment and draft for the Assessment amount
set by the Board until you choose to cancel the payment. ACH will
not automatically pay other charges assessed to the account. You may
print the ACH form online and mail it in along
with a voided check. We must have an original signature on the
form.
2)
You may also sign-up for as many as 12 automated online payments through
SmartStreet Bank. The service through SmartStreet Bank is free if you
use a checking account. These payments are similar to ACH except that
they are set for an amount you choose on a schedule you choose, so be
careful to choose dates and amounts properly to avoid underpayment or
late payment. If Assessments change, these payments will not - CMG
is not authorized to alter your recurring payment arrangements with
SmartStreet. You will need to remember your SmartStreet login and
password. CMG does not have access to your personal user information;
SmartStreet customer service can be reached by calling 1-888-705-0600.
3) You may pay by certain credit cards through the
SmartStreet payment page. If you use a credit card, the bank
charges $10.00 per payment. Owners without access to a computer (well,
you're reading this) or with online payment aversions can also come by
our office and fill-out an ACH form at the front desk.
4) If you choose to send a check or money order, please send it directly to the Association's
bank via mail to:
[Your Association Name]
c/o Community Management Group
P.O. Box 105007
Atlanta, GA 30348-5007
Collection Policies
It is imperative that all owners pay Assessments to properly fund
Association operations. Assessments for your HOA are mandatory and
lien-based, meaning they are secured by your deed and collectible via an
existing lien on your property which may lawfully be foreclosed in the
state of South Carolina. Collections policies vary by community
depending upon recorded documents and Board policies. All
Association billings are due by a due date and there may be a grace
period built into that. After the due by/late by dates pass your
Board requires that account delinquency fees be applied to the account.
These fees may be called Delinquency, Collection and Late Fees and
usually have interest in addition to a fixed fee as prescribed by your
Covenants. Your Board is very strict and Community Management
Group does not have flexibility in waiving fees. The Board does
not grant waivers for missed mail as legal precedent considers billing
delivered when postage is affixed and the mail is properly delivered to
the US Post Office, which CMG can attest has been completed. The
Association does not send collection notices by Certified Mail, but only
regular mail. Actions after repeat notices are mailed vary by
community but generally after 90 days (varies by community - read your
bill), your Board requires that a lien
be filed (usually $165 in fees assessed to the owner account) on the
delinquent account, after which the Board will determine if other legal
action is warranted. The cost of all legal action is borne by the
Association but may be charged to the delinquent owner's account.
Budgets and Assessment calculation
Each year before your Association fiscal year ends, your Manager drafts
a balanced budget for consideration and edit by
your Board of Directors. Assessments are calculated based upon
projecting one year of expenses, less the same year of income
opportunities (fines, fees, amenity area rentals primarily) with the
remaining balance being the amount required from members as Assessments.
The owner's percentage interest in the Association times this amount is
the Assessment. The expense side of the draft budget is created by
projections of future year costs based upon detailed knowledge of
projected expenses and in cases of new developments without a financial
history, comparable expenditures of similar communities and wherever
possible real maintenance estimates from detailed development plans.
A figure is usually set aside as a line in the budget for Reserves for
future capital expenditures. Owners may receive upon request a
copy of the current year's or development pro forma (projected) budget.
A review of a budget will usually generate as many questions as answers
for persons not trained in accounting but your Manager is available to
answer your questions. More detailed reviews of financial
statements must be made in person at the Association Office. All
records except for delinquency records are available for your
inspection. Due to privacy laws, only Board members may review
delinquency and collections activity. Association financial
records at our office are kept in compliance with GAAP and are 100%
transparent and it is very rare that owners visit to review records, but
you are welcome to make an appointment. The office can not e-mail
financial statements to owners.
Parking in your neighborhood
On-street parking is prohibited in most communities by Covenant and you
are recommended to review your neighborhood documents for the specific
language being enforced. There are however limited authorities of
your Association Board if the streets are public. On-street
parking where enforceable and prohibited is administered by weekly
inspections and in most communities, application of fines assessed to
the property owner's account. Owners may provide digital photos of
violations to Community Management Group and in most communities your
Board accepts these as documentation of the violation and may consider
escalating enforcement actions based upon these photos.
Certain
townhome communities have designated and numbered parking spaces.
Marked guest spaces may be enforced by towing upon the specific
direction of a Board or authorized Committee member. CMG does not
tow without a specific instruction from an Association Board member or
authorized designee.
Renters
Renters must comply with all Covenants and rules just as any owner.
For documented violations, the property owner (not the renter or their
rental property management company) is contacted directly.
Violations represent legal action against the owner. They are
enforced against the agreements made during the closing process whereby
owners all signed with an understand and agreement to abide by the
Covenants and rules.Renters have rights, transferred by the owner,
for the use of all Association amenities just as would the owner.
The Association has no lawful authority in the state of South
Carolina to promulgate rules to restrict owners' renting out homes in
general, but they may enforce Covenants for particular rental terms.
The State and Federal governments have laws for the number of lawful
occupants of a home. That there are more renters than parking
spaces is NOT an excuse for violation of parking Covenants.
Enforcement and collections privacy
The Fair Debt Collection Practices Act and other legal precedents
dictate that the Association may not make public lists of delinquent
owners. Similarly, Covenants enforcement actions are legal action
against an owner and it is imprudent for the Association to disclose a
legal action to a neighbor. You may be assured that if there is a
bona-fide Covenants violation that the Association is advancing legal
action. Notably, there are certain circumstances where escalating
enforcement action into the legal system at a cost is "good money after
bad." For example there are homes in foreclosure or bankruptcy and
until the ownership is lawfully conveyed by deed to the bank or a new
owner (can take many months), the debts are essentially uncollectible
and will be written-off to zero by law.
Developer Transition
Developer transition can be a complex process, involving many checklists
and mutual information exchanges between the developer, the manager and
the resident Board. Transition happens when any of certain legal
thresholds occur, such as sell-out percentage (often 100%), developer
discretion or time elapses. Most Covenants and Master Deeds lay
out the specifics of when. The laws in SC are not specific on what
the Developer must provide in terms of funding, but a manager will work
for the best advantage of the Association's members. Generally
speaking, the only visible changes at transition are that there will be
more resident involvement in the governance and processes going forward.
We hear time and again from a minority of owners that
they expect to change collection, Architectural Review and enforcement
policies. Those that are in the Covenants require a supermajority
of the members to change and are by design difficult to change.
Your Covenants protect the interests of all members and are laid out as
the foundation of the community. Every owner signed a document at
closing affirming their agreement with the Covenants. The Rules in
the Covenants will not change without considerable effort and likely,
cost. Your manager will assist the Board in surveying member
interest in certain changes and your manager can prepare a ballot
initiative upon such a Board instruction.
Gators
The Department of Natural Resources no longer is involved in alligators except to issue permits to HOAs. There is no “move” or “relocate”. They simply authorize the HOA to have them destroyed.
your HOA would then hire a licensed company who does that as quietly as possible…
We have an informative article
on our website that we ask owners to read, as well as this FAQ.
Alligators are only a hazard to people and pets when they lost their natural fear of humans after being fed by humans – often by workmen and kids. Alligators LOVE marshmallows, food wrappers and lunch scraps...
As one recent example, we had a report from a concerned owner who reported
an aggressive animal to us seen through binoculars sunning on the pond
bank. Clearly this animal was not up in her yard at the time nor exhibiting aggressive behavior.
some ponds in some communities are owned by the City or under management of
an adjacent golf course. We have been told time and again that
alligators are valued by the golf course as it scares geese off the course and the green.
The licensed “trapper” that the Association uses
will approach the animal to determine from much experience whether it exhibits signs of having been fed or otherwise accustomed to humans and represents
an unusual danger.
There are perhaps thousands in the area and they do move around, primarily over ground, though there is a frequent (and incorrect) assumption that they move through storm culverts. On the contrary, they do not
often enter them because they cannot turn around nor move well backwards.
We have seen that shortly after removal, another animal will move into a vacant pond. They were here for millions of years before people and most locals have a certain sentiment for them… When owners call with similar encounters or concerns we ask that they carefully consider whether this animal was really stalking a pet
(or whatever the concern) and represents an unusual threat for being acclimated to humans as a source of food, or was just “walking around” or sunning before they call for its head.
If you feel that a particular animal is a threat worthy of destruction, please let us know and we’ll elevate the request for removal to the golf course management/ownership
or Association Board and we will move quickly.
Storm Drainage
Storm drainage is very complicated and depends upon a number of factors,
especially considering how very flat our area is. The City you live in
likely has a storm drainage department who keeps these situations
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