We understand that our residents move here with varying experience with Homeowners Associations. For some, this may be their first home and first HOA while others may have lived in similar neighborhoods. By understanding the purpose of the HOA, we can all work together to maintain the integrity of our community and enhance the quality of living for you and your neighbors.
Who's Who in the Painted Tree Community Association?
The declarant is the entity that established the Association. In the case of Painted Tree that is the development organization, Oxland Group. They oversaw the creation of the legal documents for the Association to operate and appointed the first Board of Directors. The declarant will remain in control of the Association until a predetermined number of homes are occupied in the community - at which point the homeowners will elect their own Board of Directors.
The builders are the entities that built the homes within the Association. Examples include Normandy Homes, Drees Homes, and Highland Homes. If you are still within your warranty period, you can contact your builder for certain warranty items and information specific to the design of your home. In some cases, the declarant and the builder are the same, however, that is not the case for Painted Tree.
Board of Directors
A Board of Directors is established and authorized to act on a community's behalf, create and enforce community guidelines, and maintain shared spaces. During the declarant period, Oxland Group will appoint the volunteers that comprise the Board. The Board delegates and authorizes a scope of work for the management company to complete on behalf of the Association. After a specific threshold is fulfilled, there is a staggered transition to homeowner representation on the Board until it is 100% managed by community residents.
This entity is established as a non-profit organization to help manage, run, and maintain a community. The declarant contracted the Association management services to CCMC on behalf of the residents. At Painted Tree, this is the staff you will be interacting with on a regular basis whether it be questions about assessments, events and activities, or through architectural modification applications.
What are the Governing Documents?
The Governing Documents include the Covenants, Conditions, and Restrictions (CC&Rs), the Recorded Plat, Bylaws, Articles of Incorporation, Design Guidelines, Rules and Regulations, and other policies, as adopted by the Board of Directors. These documents establish the architectural standards and the rules which govern the use of property within the community. You are encouraged to read them and understand your role as the homeowner. The Association and Board of Director's sources of governance are discussed below.
Covenants, Conditions & Restrictions (CC&Rs)
This is a legally binding document that is officially recorded and filed with your state. Your CC&Rs cover the rights and obligations of the homeowners association to its members and vice versa. CC&Rs often cover legal issues, such as: Property-use restrictions, Clearly defined maintenance obligations for the HOA and individual members, Mechanisms for rule enforcement and dispute resolution, Assessment obligations, & Insurance obligations.
If CC&Rs cover the “what” of the HOA, the bylaws cover the “how.” Your community’s bylaws establish the structure of day-to-day governance of your homeowners association. This includes things like: Frequency of HOA board elections, Process for nominating and electing new board members
Number of members that serve at one time, Length of board member service terms, Meeting frequency and quorum requirements, and Duties and responsibilities of board members.
These guidelines create a community standard of care to which homeowners must comply. They set forth the Association’s policies and procedures regulating a homeowner’s ability to make architectural improvements and modifications to the homeowner’s separate interest, as well as to common area and exclusive use common area.
Rules & Regulations
Your community’s Rules & Regulations are a catch-all for the things that aren’t covered in the Bylaws or CC&Rs. These are often the rules that might need revising over time due to changes in the community. For example, an HOA might have a rule that states a certain amount of guests are allowed to be brought into an amenity. This rule would not be a part of the community’s CC&Rs because it might need to change seasonally, or as more residents move into the community.
What else do I need to know about a Homeowners Association?
- Upon purchasing or leasing a home in Painted Tree, residents become members of the Painted Tree Community Association. Association members are responsible for paying monthly dues to support community operations and reserve funds.
- The purpose of the Association is to preserve the community's home and property values through its governing documents.
- The Association provides for the maintenance, improvement, preservation, and administration of the common areas.