Month: September 2021

We are often asked, “When should we start preparing for our HOA to transition from a developer-controlled board to a homeowner-controlled board?” Our answer is always the same, “starting on day one from when the developer first hires a professional management company.”

Setting up a community for a successful transition begins with ensuring the community will be financially stable once the Developer is no longer involved. The AAM Developer Services department begins work with our developers months, if not years, before construction commences. This process starts with preparing the initial budget to determine the reserve requirements and set the assessment rate. At the request of the Developer, AAM will also conduct a thorough review of the governing documents to ensure they align with state and federal laws. Thus, we anticipate any concerns that may arise for a community down the road. Setting an appropriate assessment rate and having the proper documentation in place sets the foundation for the association. However, remaining vigilant by taking additional steps beginning on the first day of management will contribute to a successful transition.

HOA Transition Best Practices

Below is an outline of best practices to follow leading up to an HOA transition from Developer to homeowner control.

COMMON AREAS

After installing the common areas, the Developer should document their condition before transitioning maintenance to the association. An inspection must confirm that everything is installed according to plan and the common areas are in good condition. Once the association accepts maintenance, regular inspections should monitor the common areas and address any concerns promptly. Auditing the community for maintenance issues a year before the transition is a good practice. This allows time for any maintenance concerns to be addressed while the Developer still controls the board. Failure to properly maintain the common elements throughout development can lead to problems during transition.

The Developer should confirm that ownership of common area parcels has been conveyed to the association. Some counties offer special tax valuations for common area parcels, so ensure all parcels are submitted for this valuation. Failure to do so may result in substantial future tax bills for the association. This process is simple for smaller communities but may require an HOA attorney for more complex communities. Developers should consider having an HOA attorney audit these communities before the transition to ensure proper deed and valuation.

FINANCIALS

The developer board should constantly evaluate the financial condition of the community to ensure that the association is financially stable, has a balanced budget, and has an appropriately funded operating account and reserve account. By the time of transition to homeowner control, the association should be self-sufficient. If there are deficiencies being funded by the Developer leading up to the transition, that is an indication that the assessment is set too low. By monitoring the financials through development, the developer board can ensure that appropriate assessment increases are taken to provide sufficient income at the time of transition to cover anticipated expenses.

Every community should have a reserve study in place that lays out a plan for the repairs and replacements of common areas. It is prudent to thoroughly review the reserve study to make sure that all common area improvements that should be funded are included. Studies should be updated at least every three years, unless the CC&Rs require more frequent updates, to make certain that the association’s reserve account is sufficiently funded at the time of transition. Failing to fund reserves adequately is a common area of contention with homeowner boards following the transition. 

Good Faith

There is no legal requirement to complete a reserve study or ensure the association is adequately funded. However, the Non-profit Corporation Act requires directors to act in good faith and with the care of an ordinarily prudent person. Directors must also act in a manner they reasonably believe is in the best interest of the corporation.

Common law, established through the Restatement Property (Servitudes), is court-made law based on previous court opinions. Sub-Section 6.20 outlines the Developer’s Duty to the community during the period of control. The Developer must establish a sound financial basis and maintain accurate records for the association. They must also account for the association’s financial affairs and disclose all material facts affecting its financial condition. These duties remain until the Developer relinquishes control of the association to its members.

DOCUMENT & ORGANIZATION

As the transition approaches, it’s prudent to ensure the association is well-organized. Association records should include all pertinent documents, such as CC&Rs, recorded amendments, plat maps, and common area tract deeds. Include signed Bylaws, filed Articles of Incorporation, and any working documents adopted by the developer board. Files should contain current contracts, insurance policies, financial records, development plans, and meeting minutes. Confirm that the association is in good standing with the Secretary of State or Corporation Commission.

TRAINING 

Four months to one year prior to transition, depending on the size and complexity of the community, a Transition Committee consisting of homeowners should be organized. This Committee will go through a series of training sessions regarding the association’s inner workings and the board members’ responsibilities. This is a good time for the management company to educate and build relationships with homeowners who will hopefully go on to run for the Board of Directors. Additional training for board members following the transition will further contribute to a successful transfer of control.

Our ultimate goal with any transition is for the homeowners to take control of the association and move forward with a good relationship with the Developer. Homeowner concerns with the Developer may arise within a few months following the transition. However, sometimes situations arise years later. As such, the management company must diligently follow up on any concerns and initiate discussions with the Developer to resolve issues amicably. Following best practices and having the right team from day one ensures a smooth, successful management transition.

Community associations are unique entities, and the Boards that lead community associations fill unique roles. In our experience, the most successful board members have strong integrity, reasonable judgment, a willingness to serve, and commitment to the best interests of the community. Couple this with a Community Manager who has an approachable attitude, excellent communication skills, unwavering integrity, and takes a genuine interest in the community, and you have a formula for success! But what else does it take to lead a successful community association?

Below, we have provided successful tips for both Board Members and Community Managers:

5 Habits for Board Members

 
1. Look at the Long Term Financial View

Take the time to look at the Association’s overall financial position in a 5, 10, 20, and 30-year span. Understand the assets of the Association. Obtain a Reserve Study and update it every 2-3 years. The assets of an Association typically age and require maintenance and/or replacement. Don’t skip routine maintenance to save a few dollars. Don’t be fearful of raising assessments if needed. 

2. Make Educated Decisions

Education should be a high priority. Part of learning how to be a good Board member will come from trial and error; but, reduce the errors and the time it takes to get up to speed by attending Board training (often offered by your management company, Association attorneys, and certain municipalities), read the governing documents, rely on the guidance of experts and ask questions.

3. Be Reasonable

Although Boards have a big responsibility, they don’t need to be overzealous or inflexible to fulfill it. Avoid snap decisions, act rather than react, and deal with real problems, not nuisance situations.

4. Be Transparent

Transparency in an association is a good thing and goes a long way toward giving members the feeling that the Board is doing the right thing. It can be tempting to keep certain decisions under wraps, especially if there is friction among Board members or if the Board believes their decision may be unpopular with the members. However, secrecy leads to distrust once the secret is unveiled. While there are times when confidentiality is necessary, most often, the HOA Board’s business is public information, and it is required to be easily accessible to homeowners.

5. Communicate, Communicate, Communicate

Effective communication helps to establish “unity” in the community. Use your available tools to get the information to your members and create a process in which members can communicate with you! In this era of interactive technology, use your website, eblasts, text messaging, social media platforms, and Association or management apps. Additional tools may include bulletin Board postings, A-frame signs, door-to-door flyers, information sent out via US mail, and face-to-face Board meetings.

5 Habits for Community Managers

(The following is part of AAMs core fundamentals) 

 1. Be Proactive

Plan your work. Solve problems before they happen by anticipating future needs or opportunities and addressing them in advance. Looking ahead allows us to better capitalize on opportunities and to prevent issues instead of fixing them.

2. Share Information

Learn to ask yourself, “Who else needs to know this?” When in doubt, share more rather than less. No team ever failed because they shared too much information.

3. Be a Fanatic About Response Time

People expect us to respond to their questions and concerns quickly, whether in person, on the phone, or by e-mail. This includes simply acknowledging that we got the question and we’re “on it,” as well as continuously updating those involved on the status of outstanding issues. Rapid response is one of the easiest and best ways to stand out from the crowd.

4. Pay Attention to the Details

Whether it’s getting the contract terms right, getting the correct address, or doing the proper research, details matter. Double-check your work for accuracy and precision. Accuracy is a reflection of excellence.

5. Take Ownership

Take personal responsibility for making this happen – somehow. Respond to every situation by looking for how we can do it rather than explaining why it can’t be done. Be resourceful and show initiative. Don’t make excuses. Take the extra step to solve the problem.  See issues through to their completion.

In addition, having an engaged community is of equal importance for a successful Community Association. Below are ways to encourage Community involvement.

Encouraging Community Involvement

Running an effective homeowners association takes the work of many. While Boards can hold meetings and make decisions, what really makes an Association a “community” is the involvement of its members. But how do we encourage participation? 

• Provide opportunities for members to interact through social events.
• Encourage volunteers to share their positive experiences with other members.
• Recognize and thank your volunteers often.
• Form committees.
• Host Town Hall Meetings.
• Hold regular Board meetings.
• Communicate, communicate, communicate. 

A successful community association is a collaborative effort. It’s a committed group of community volunteers (Board Members) leading the charge and making sound decisions for the community, partnered with a management company that can move decisions forward, both with the same shared vision of success.