What Do Covenants, Conditions and Restrictions Do For Homeowners

When our community was developed, the developer filed with the state a series of documents designed to uphold the integrity of our community and spell out the duties of our association, and the responsibilities of each of us, the owners.

Those documents are often referred to as the governing documents are made up of the Articles of Incorporation, the Bylaws, and the CC&R's (Conditions, Covenants & Restrictions).

The Articles of Incorporation are a one-page document that must be filed with the

Secretary of State. It simply states that a non-profit corporation is being formed (our community association). The Bylaws dictate the powers and duties of the Board of Directors (when meetings occur, how the Board is elected, etc.)

The CC&R's dictate the powers and duties of the corporation and regulate both the physical characteristics of our development and the lifestyles of our residents.

Of all of the governing documents, the CC&R's are often the least understood but

inarguably the most important.

In order to close escrow on your home, you signed a series of papers, one of which stated that you had read the CC&R's and agree to abide by them. When escrow closed, you entered in to a contractual agreement with the other owners in our community to conform to the dictates of those CC&R's.

This is where some owners get confused. The confusion, however, is easily cleared up once the CC&R's are read, or re-read as the case may be. After all, how many of you actually read and understood the CC&R's before closing escrow?

Those that did are to be applauded. The rest of us have had to take a crash-course on the CC&R's through trial and error. Often we have found out that we are in non-compliance to the CC&R's or Rules & Regulations through correspondence received by our management company. So, we dust off that old copy of the CC&R's (it took me half a day to remember where it was) and, sure enough, there it is in black and white, the exact restriction that we

completely forgot about. Being responsible owners we correct the situation and, armed with a new-found knowledge of our CC&R's, we continue with our lives, undisturbed (that is, until we "forget" something else and have to go through the process once again).

Often we focus on the "pain in the neck" aspect of our CC&R's, but by doing so we miss the real beauty of their purpose. The CC&R's provide a structural framework to help residents of different backgrounds, ideals, and perceptions to live toget her in harmony and by doing so, the community and our property values benefit.

If we had no architectural controls (as spelled out in the CC&R's) or no ability to correct violations of the Rules & Regulations (also spelled out in the CC&R's), then there would be no harmony and ultimately our community and our property values would suffer. In other words, the CC&R's are good business...they he

lp ensure that our property values are maintained and our investments protected.

Example:

What would the impact on your property values be if your neighbor decided

to repair automobiles in his parking area as a part-time job and decided to advertise with a big sign he nailed to the roof of his building? Furthermore, in order to attract attention to the sign, he painted his building bright red. This example may be a little over the top, but it applies equally to the neighbor who doesn't maintain his/her living area. The bottom line is that your property values would suffer. No one would want to buy your home and have to live next to such "chaos". Since market values are affected by the law

of supply and demand, if the demand (or attractiveness) of your community is poor, then the supply (or cost) is reduced. When the demand is high (the community is aesthetically attractive) then the supply (or property values) are increased. The CC&R's promote conformity, which encourages harmony, which has a positive impact on the value of our community.

So, the next time you get a note from the management company explaining why you are in non-compliance with the CC&R's or the Rules & Regulations, take a moment to remember what the spirit of the CC&R's embrace (protection of your investment) and be thankful that our Board of Directors are taking their job seriously and are working to protect, preserve and enhance our property values.

Greensboro/Winston-Salem HOA and Condo Management Company Hires Cole as Assistant Community Manager

Association Management Group - Greensboro (AMG), one of the Carolinas’ largest professional homeowner association managers with five offices in North and South Carolina, recently hired Candace Cole as Assistant Community Manager. Her responsibilities include partnering with current community managers to work with volunteer boards, assisting with contract negotiation and budgeting, helping manage maintenance issues and supporting community communications. “I’m excited about working for a great company where I can put my skills and knowledge to good use. I look forward to learning how to be an effective community manager so I can contribute to the amazing AMG team,” she said. To enhance her contribution, Cole plans to pursue the rigorous CMCA credential (Certified Manager of Community Associations) from CAI (Community Associations Institute), the professional and educational organization serving the community association industry. 

Previous to AMG, Cole performed administrative and customer service duties for the Marine Corps Junior Reserve Officer’s Training (MCJROTC) Program Headquarters in Quantico, Virginia. Prior to that, she served as a Marine Corps Training, Education and Outreach Specialist for military members, family members, retired military and Department of Defense civilians, and was responsible for facilitating Franklin Covey courses, providing information about Community Outreach services at public information fairs and delivering exceptional customer service.

According to AMG President Paul Mengert, Cole brings important skills to the Greensboro office. “Candace is expert at dealing with the public.  She’s committed to making a difference in people’s lives, which is invaluable in our business,” he said. “Her extensive knowledge and expertise in delivering world-class customer service will be a big benefit to AMG.”  

About AMG:  AMG is a professional community association management company dedicated to building effective community associations. AMG guides and assists executive boards to help protect the association's interests, enhance the lives of community members and improve the property values in the community. With offices throughout the Carolinas in Greensboro, Winston-Salem, Charlotte and Raleigh, NC, and Greenville and Aiken, SC, AMG is a knowledgeable partner in enforcing community governing documents with a proven set of processes and techniques, and supporting communities with a broad range of services which can be tailored to individual community needs. Association Management Group, Inc. is a locally Accredited Business by the BBB and is a nationally Accredited Association Management Company (AAMC) by the Community Associations Institute. For more about AMG, visit www.amgworld.com.

How Can A Resident Change The Attitude of The Community From Negative To Positive

At AMG we have heard it all. We know HOA’s have a lot of negativity surrounding them, and rarely do you see a homeowner praising their HOA. Even if they did find something positive to say they would be unpopular in the community if they voice their positive opinions. For the most part residents whine about their HOA because of the rules.

Despite all of the negativity most homeowners have with their HOAs, they fail to stop and think of a reason to appreciate them.

HOA boards and managers are mostly made up of people who are dedicated to their community and passionate about wanting it to be great! Most property managers are on the side of the homeowner. Many homeowners don’t understand everything that the management company does for their neighborhood.

People complain about the HOA fines, but they never hear the good stories about waived or reduced fines. Rarely do they hear stories when the HOA does something good to help others, like one HOA director who offered to help repair a homeowners fence because the resident was ill and needed to complete it in a timely manner to comply. Another positive story is about the HOA manager who gathered volunteers to help improve the common area that saved the association hundreds of dollars.

If you are upset because you have received a letter from your HOA telling you that you need to mow the lawn, then maybe you should check and see if the lawn needs mowed. If your HOA is asking you to repair something on your house  or pull weeds, then there must be an issue.  Take the high road and positive response.

To be perfectly honest, the HOA board is not spending their time sitting around trying to figure out who they can write letters just to annoy and offend homeowners in a community. They write these letters to uphold statues in the community, to keep it nice so that your home values increase, and to ensure a safe environment for you to raise your family.

If you are not in agreement with your HOA and have the negative approach to what they are doing, maybe you should attend a meeting. Voice your opinion and see how you can take a positive active role in your HOA. Get involved and be a catalyst to help make changes. If you take the positive approach you may be surprised to see your neighbors follow you. If you see something positive in your neighborhood or an improvement, a friendly wave to your HOA director might be a good habit to start. Most HOA directors really do care about the community. Do you care enough to help change the attitude of the residents in your community?

Are We Ready For The Growth of Elderly Homeowners?

With millions of Baby Boomers approaching retirement, it is important that we address the challenges associated with meeting the nation’s elderly housing needs.

Your HOA board will be facing pressing issues with the rise of elderly homeowners. In past generations, those 65 or older would eventually move into assisted living or retirement homes. But the modern day is seeing more elderly folks deciding to live out more of their older years in their own homes. Seniors are living healthier lifestyles, having better medical care and are active in their retirement years. Seniors are buying homes and taking out mortgages. With this comes new challenges and decisions for those running homeowners associations.

Here are four areas that HOA's need to consider when dealing with elderly homeowners.

1.  Accidents on Common Property

A major concern with the rising number of elderly residents means there’s increased chance of  accidents. Elderly residents can lose their balance, trip and fall or hurt themselves on common property in the community. HOA's insurance usually covers issues happening on common area property.

2.  Driving

There’s also the possibility of elder residents being a danger to themselves or others, such as if they have sight issues driving in a community with children and pets. Elderly residents could endanger the lives of walkers on the streets if driving becomes a problem. Elderly residents are also at risk of hurting themselves by driving into objects, light poles or even their house structures.

3.  Home safety is a primary concern

If adult children are not maintaining homes of senior citizens, who is? Home maintenance and home repairs are key to seniors being able to stay safe in their homes. Homes with needed repairs may be unsafe. If adult children do live nearby and have nor designated a caregiver of home maintenance, elderly residents could be injured because unsafe structures.

4.  Access to needed services 

For senior citizens to remain in their homes they need availability to services such as meals and in home nursing services. The elderly residents need to be in communities that are accessible for elderly service providers.

There will be a growing number of concerns as the number of elderly homeowners increase. Between 2000 and 2050, The number of older people is projected to increase by 135%. And the population of people 85 and over is projected to increase by 350%.  With this increase will come the problem of meeting the enormous housing need.

Senior citizens are now living healthier lifestyles and having longer lifespan. Elderly people are not moving into assisted living homes they are buying homes or condos.  Many seniors moving into communities are just not able to deal with the fact that they cannot effectively care for themselves as they age. And as a result, they turn to their condo association for help when they get lost or forget that they have left the tub water running.  So what is a condo association board of directors to do when they find an elderly resident wandering the halls, unable to determine where they live? Obviously, the condominium association has an interest in ensuring that these seniors are able to care for themselves so that they don't create a burden for management or the board.  They also concerned about an unhealthy or unsafe situation for themselves and their neighbors. 

The question is are community associations ready for the growth of elderly homeowners?