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Rights and Responsibilities
for a Better Community.
More than a destination at
the end of the day, a community is a place you want to call home and
where you feel at home. There is a difference between living in a
community and being part of that community. Being part of a community
means sharing with your neighbors a common desire to promote harmony and
contentment.
This goal is best achieved
when homeowners, non-owner/residents and association leaders recognize
and accept their rights and responsibilities. In all cases, this entails
striking a reasonable, logical balance between the best interests of
individual homeowners and those of the community as a whole. It is with
this challenge in mind that Community Associations developed Rights and
Responsibilities for a Better Communities.
Principle for
Homeowner and Community Leaders.
Homeowners Have the Right to:
1. A responsive and
competent community association.|
2. Honest, fair and respectful treatment by community leaders and
managers.
3. Participate in governing the community association by attending
meetings, services on committees and standing for election.
4. Access appropriate association books and records.
5. Prudent expenditure of fees and other assessments.
6. Live in a community where the property is maintained according to
established standards.
7. Fair treatment regarding financial and other association obligations,
including the opportunity to discuss payment plans and options with the
association before foreclosure is initiated.
8. Receive all documents that address rules and regulations governing
the community association-if not prior to purchase and settlement by a
real estate agent or attorney, then upon joining the community.
9. Appeal to appropriate community leaders those decisions affecting
non-routine financial responsibilities or property rights.
Homeowners Have the Responsibilities to:
1. Read and comply with the
governing documents of the community.
2. Maintain their property according to established standards.
3. Treat association leaders honestly and with respect.
4. Vote in community elections and on other issues.
5. Pay association assessments and charges on time.
6. Contact association leaders, if necessary, to discuss financial
obligations and alternative payment arrangements.
7. Request reconsideration of material decisions that personally affect
them.
8. Provide current contact information to association leaders to help
ensure they receive information from the community.
9. Ensure that those who reside on their property ( e.g., tenants,
relatives, friends) adhere to all rules and regulations.
Community Leaders Have the Right to:
1. Expect owners to meet their financial obligations to the
community.
2. Expect residents to know and comply with the rules and regulations of
the community and to stay informed by reading materials provided by the
association.
3. Respectful and honest treatment from residents.
4 Conduct meetings in a positive and constructive atmosphere.
5. Received support and constructive input from owners.
6. Personal privacy at home and during leisure time in the community.
7. Take advantage of educational opportunities (e.g., publications,
training workshops) that are directly related to their responsibilities,
and as approved by the association.
Community Leaders Have the Responsibility to:
1. Fulfill their fiduciary
to the community and exercise discretion on a manner they reasonably
believe to be in the best interest of the community.
2. Exercise sound business judgment and follow established management
practices.
3. Balance the needs and obligations of the community as a whole with
those of individual homeowners and residents.
4. Understand the association's governing documents and become educated
with respect to applicable state and local laws, and to manage the
community association accordingly.
5.Establishe committees or use other methods to obtain input from owners
and non-owners residents.
6. Conduct open, fair and well publicized elections.
7. Welcome and educate new members of the community-owners.
8. Encourage input from residents on issues affecting them personably
and community as a whole.
9. Encourage events that foster neighborliness and a sense of community.
10. Conduct business in a transparent manner when feasible and
appropriate.
11. Allow homeowners access to appropriate community records, when
requested.
12. Collect all monies due from owners.
13. Devise appropriate and reasonable arrangements, when needed and as a
feasible, to facilitate the ability of individual homeowners to meet
their financial obligations to the community.
14. Provide a process residents can use to appeal decisions affecting
their non-routine financial responsibilities or property rights - where
permitted by law and the association's governing documents.
15. Initiate foreclosure proceedings only as a measure of last resort.
16. Make covenants, conditions and restrictions as understandable as
possible, adding clarifying " lay" language or supplementary materials
when drafting or revising the documents.
17. Provide complete and timely disclosure of personal and financial
conflicts of interest related to the actions of community leaders, e.g.,
officers, the board and committee. |
