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HOA Preventative maintenance refers to the routine maintenance tasks performed on the Association’s physical assets and mechanical equipment components. It helps extend the life of the different assets and equipment within the community’s property, decrease repair costs, and prevent the likelihood of equipment failure and unplanned downtime. 

Why is Preventative Maintenance so Important?

Many associations offer impressive amenities and services. Examples include large recreation centers, buildings, clubhouses, fitness centers, swimming pools, rooftops, and other specialty facilities.  Maintaining the value and aesthetics of the association amenities and the facility equipment is an important part of the management company’s services. A comprehensive Preventive Maintenance Program is a key component to a successful partnership.

Reactive vs. Proactive Maintenance

Reactive Maintenance is when maintenance on equipment is not performed adequately until the equipment breaks or fails. This strategy has several adverse results:

• It reduces the life expectancy of the assets and mechanical equipment components.
• It makes it difficult to effectively budget for repairs and maintenance, resulting in unexpected repairs or costly replacement costs.
• It creates additional expenses, such as after-hour service fees.
• Unexpected amenity closures typically result from repairs, and extended closures may occur while waiting for parts.
• It could cause last-minute closure notifications to owners, disrupting their plans and triggering frustration.

Proactive maintenance routinely addresses concerns and ensures equipment upkeep to prevent major failures. This strategy includes regular inspections and performing routine maintenance tasks, which has many positive results:

• It helps to extend the life expectancy of the assets and mechanical equipment components.
• Reduces unexpected amenity closures for needed repairs.
• Allows owners to receive timely notifications for scheduled upcoming closures.

Who is responsible for HOA Preventative Maintenance?

Preventive maintenance for master-planned communities, condominiums, and high-rise buildings is handled differently.

• Large master-planned communities typically have onsite staff responsible for preventative maintenance, for the onsite maintenance staff handles some items, inspection, and maintenance. In contrast, other items are scheduled to be inspected and maintained with the appropriate vendor. The maintenance staff should follow the Association’s preventative maintenance schedule and regularly meet with the onsite manager to report findings and address areas of concern. The onsite manager ensures that preventative maintenance inspections are performed.
• Preventative maintenance for condominiums and high-rise buildings will be a little different. Owners are responsible for items inside each unit, such as filter changes, cleaning condensation lines, and replacing batteries in fire alarms. Depending on the Governing Documents, the Association is responsible for the preventive maintenance of building equipment like roofs, exteriors, and plumbing.
• Condominiums with on-site staff would be responsible for preventative maintenance in the same manner as the master-planned community. If a condo has no on-site staff, the community manager would be responsible for the inspections and scheduling of vendors.

How to Create an HOA Preventative Maintenance Program 

When creating a preventive maintenance program, include all assets and mechanical equipment components and establish inspection and maintenance schedules. Below is a step-by-step process for creating an effective preventative maintenance schedule.

• Start by making a list of all the assets and mechanical equipment. This will be your inventory list.
• Next, compare your list with the component list in the Reserve Study. This is an excellent way to ensure you have included everything. In addition, you can check the Reserve Study to confirm if any new assets or equipment need to be included when the Reserve Study is updated.
• Create frequency-based inspection schedules from the inventory list. When determining inspection frequency, both manufacturer recommendations and equipment age and condition should be considered.
• After completing the preventative maintenance schedules, the next step is to assign the tasks to the appropriate team members. This assigns responsibility and allows you to determine staff workload. 
  For inspections and services requiring a vendor, assign an onsite team member to schedule the inspection or service, confirm maintenance completion, and submit a vendor report.
• The final component of a preventative maintenance program is establishing a system for recording and maintaining the data from the inspections and services. Historical data is important for future reference. This data specifies expenditure details, issues with equipment under warranty, and new assets needing inclusion in the next Reserve Study update. Keeping accurate records will save time and headaches later.

A successful HOA preventive maintenance program requires preparation, planning, and proactive scheduling. A professional management company can assist in creating a successful program customized to your Association’s assets. 

HOA Committees can be a valuable resource to the Homeowners and Board members they serve. They help complete specific tasks that might otherwise be overwhelming for a typical Board to take on as an additional responsibility. This article will explore the roles and responsibilities of Committees, the types of Committees an HOA can benefit from, and how to solicit volunteers to serve on Committees.

Roles and Responsibilities of Committees

Homeowner volunteers who live in the community make up the HOA Committees, and the Board of Directors appoints them.

Your HOA’s governing documents might include guidelines for forming a Committee. However, some documents may only address one type of Committee and have parameters for creating new ones.

Each Committee should maintain a charter outlining its members’ roles and responsibilities. Below are a few tips for creating charters for new Committees:

• Create an outline that provides structure and direction. The outline can be used when the Board passes a resolution to create the Committee.
• Have a statement of purpose – What is expected of the Committee? Clarify if they have the authority to make decisions or are gathering information and providing recommendations.
• Identify how many members should make up the Committee and how they will report to the Board.
• Will there be a Budget for the Committee? If so, clearly identify what the budget will be.
• How long will the service term be for volunteers?
• Identify a Committee name. (i.e., Social Committee, Decorating Committee, Safety Committee, etc.)
• List the Committee members’ names and identify their positions. The Chair and Co-Chair will take responsibility for the Committee’s actions and report to the Board. The Secretary will keep records and documentation of the Committee’s meetings, tasks, and progress. If there is a budget, the Treasurer will ensure the Committee stays within the budget limits.
• Encourage Committee members to exchange information and meet regularly to discuss the goals of the Committee.

Types of Committees

• Executive Committee: Made up of the Community’s Board of Directors.

• Non-Executive Committee: This committee is made up of homeowner volunteers. Depending on the governing documents or state statutes, certain Committees may exclude Board Members from positions. In other cases, the bylaws may require a Committee to have at least one Board member.

• Standing Committee (Continuous tasks): Architectural, Finance, Events, Social, Landscaping, Welcome, Block Watch, Communication.

• Special Committee (Specific project tasks): An advisory committee may be tasked with researching vendors to identify possible candidates to submit RFPs to. For example, the Playground Committee can be tasked with purchasing new playground equipment.

Over the years, Boards have created various Committees—such as Community Service, Block Watch, Beautification, and Communications—to serve specific community needs.

Most Common Committees

Below are the top five most common Committees within an HOA and some duties they could be charged with through the charter.

• Architectural Review: The Architectural Review Committee can review and approve exterior changes and ensure that all changes comply with the Design Guidelines and the CC&Rs.

• Financial Advisory: The Financial Advisory Committee could be tasked with reviewing and monitoring the HOA’s finances to ensure the financial position remains strong and operates responsibly. Additionally, they may also be tasked with obtaining and reviewing a reserve study prepared by a third-party vendor contracted by the association.

• Welcome Committee: This group warmly welcomes new homeowners to the neighborhood. Members may also provide information about meetings, events, or neighborhood practices to keep new homeowners informed.

• Social Committee: The purpose of the Social Committee is to assist the Board in creating social and recreational events geared toward the community’s interests and needs.

• Landscape Committee: The primary role of the Landscape Committee is to keep the board abreast of the community’s needs. This may include conducting inspections on the grounds of the community to look for ways to enhance common areas and identify potential landscape improvements and possible maintenance concerns to make recommendations to the Board.

Can a Committee meet without notice of a meeting?

A review of that state statute, governing documents, or Committee charter will assist in determining if notice of the Committee meeting must be provided to all members of the Association. 

Soliciting Volunteers for the Committee

Now that the Board has identified the need to establish a new Committee, you must find reliable and helpful volunteers. Here are a few tips that will help you attract the right volunteers and make the Committee successful.

Consistent and clear communication is Critical.

There are many ways to communicate the need for Committee volunteers. Please use multiple communication channels to ensure the community receives this message. E-blasts, newsletter announcements, Board Meeting announcements, flyers, and good old-fashioned word of mouth are all great ways to share your message with the community.

Talk to active members.

As a Board member, you probably notice which HOA members regularly attend Board meetings. Building relationships with attending members of your HOA meetings is good practice. Speaking with homeowners one-on-one will make them feel more connected and possibly encourage participation.

Consider creating an application.

If your HOA is fortunate to have multiple people willing to volunteer for a Committee position, the Board can create an application. That way, the selection process is fair and open.

The form can ask for name, address, email, information, and whether the candidate served on any other Committees. Additionally, you can include a candidate information section allowing homeowners to share the skills and talents they bring to the table. For instance, someone with an accounting background might be helpful in a finance or budget committee.

Download the Application Example Here

Show appreciation

Reinforce the behaviors you want to be repeated. Show volunteers how grateful the Board is for their commitment, publicly acknowledge their efforts at Board meetings and in community newsletters, or highlight them on the HOA website. This reinforces the volunteers’ loyalty and can attract new volunteers.

Committees provide the perfect environment for members to engage and contribute to the community’s success. If your Board is overwhelmed with projects and tasks, AAM is ready to help with professional management services. We have the experience and processes to help you form the Committees your association needs. 

As an HOA Board Member, you are likely faced with complaints from fellow homeowners.  This can be daunting—especially when the homeowner is perceived as unreasonable or irate.  Below are helpful tips to guide you through the process to achieve a successful resolution.

1. Listen Generously & Pay Attention to the Details:

• Whether you communicate verbally or in writing, acknowledge the homeowner’s concerns and thank them for reaching out.

• Have the homeowner submit their concerns in writing for documentation purposes.

• Ask clarifying questions to ensure you have all the information you need to research and resolve the matter effectively.

• Don’t be dismissive; remember that you do not have to promise anything.

• Keep the homeowner advised when they may expect a decision regarding their complaint/concern.

2. Be Proactive: 

• Review federal and state laws relative to the complaint and your association’s governing documents (Declaration of Covenants, Conditions, and Restrictions; Bylaws, Rules and Regulations, Policies, etc.) to see if any of these address the complaint. 

• Don’t be afraid to check with the association’s attorney.

3. Share the Information & Collaborate:

• You are one of several individuals who comprise the Board of Directors, which acts as a whole. Add the complaint to the next meeting agenda and share it with the rest of the board.

• The Board should discuss and examine the matter to find the best solution.

• In some cases, further investigation is needed to work towards a resolution.

4. Deliver Results: 

• After the board has discussed and decided, it’s time to inform the homeowner. 

• Share the why, speak straight, let the homeowner know how the decision was reached, and remind them that the Board acts in the community’s best interest. 

5. Be Process Oriented: 

• Having a clear protocol for members to submit complaints.

• Outline a specific process in how the Board will investigate and respond. Defining a strategy from start to finish will help you consistently address homeowner grievances.

6. Use Your Community’s Management Company to Your Benefit! 

• Professional management companies—like AAM, LLC—provide full-service management, which includes proficiency in addressing and resolving homeowner concerns. 

If you read our article “HOA Board of Directors Roles and Responsibilities,” you already know about the typical roles. These roles are crucial to your HOA’s Board of Directors. However, the role and duties of “Members at Large” might not be as self-explanatory. In this article, we will answer the question: What is a Member at Large? How are they selected, and by whom? What are some of their duties? And, is there a difference between Member at Large and Director at Large?

Director at large meaning:

Members at Large are HOA homeowners who serve on the Board, with voting rights similar to those of other directors. They do not hold officer roles on the Board and aren’t assigned the same duties. The number of Members at Large in an HOA will vary from association to association. Each association’s governing documents dictate the required number of Board representatives. Some may have one or two Members at Large, while others might not have this position at all.

How do Homeowners become Members at Large?

• The Board elects them through elections. Members elect directors, who then decide which will serve as officers, usually including a President, Vice President, Secretary, and Treasurer. Those who do not become officers among the elected become Members at Large. To learn more about the specific roles of Board officers and their responsibilities, check out our article on the Roles of HOA Board Members. Elected terms can vary from HOA to HOA. Always check your governing documents. 

• The Board directly appoints them. It is common for the Board to invite a homeowner to join as a Member at Large, not an officer. This person serves the association under guidelines provided by the Board and according to the bylaws. This often happens when a homeowner’s expertise benefits the Board or the entire association. For instance, an architect homeowner might be appointed to support the Board during a community remodeling project.

• The Board demotes them from their officer roles. The Board can remove the President or any officer from their role through a vote from other directors. However, this doesn’t remove them entirely from the Board. They would instead become Members at Large. Since the entire membership elected them, only a majority vote from the membership can fully remove them.

What are the duties of a Member at Large?

The primary role of a Member at Large is to support the Board and act as a liaison with homeowners. The association’s current needs likely determine their varying duties and responsibilities. They are expected to attend all Board meetings to stay informed and understand the community’s goals and plans. They are encouraged to participate and share knowledge to inform and educate other Board representatives. Additional duties, like special projects, overseeing committees, or mentoring membership, will be assigned as needed by the Board.

What does “at large” mean? “At Large” means the position has no specific assignment, and duties can vary. 

Is there a difference between Member at Large and Director at Large?

“Member” and “Director” are interchangeable terms. Therefore, there is no difference between a Member at large and a Director at large.

Homeowners Associations (HOAs) are increasingly popular among homebuyers in the United States. These communities offer residents access to amenities such as swimming pools, fitness centers, and gated security. HOAs also have strict rules and regulations that homeowners must adhere to, and failure to comply can result in fines or legal action.

If you’re buying or selling a home in an HOA, you may have heard the term “HOA estoppel” come up. An HOA estoppel is a crucial document that provides vital information about the property’s status and the homeowner’s financial obligations. In this article, we’ll examine what an HOA estoppel is, why it’s essential, and how it affects you as a homeowner.

An HOA Estoppel provides all fees that must be collected upon the successful closing of a resale property. The Estoppel is also known as a demand statement, certificate of assessment, resale statement, or closing statement, depending on the state. It includes fees like delinquent amounts from the seller, attorney fees for collections, working capital, transfer, reserve fund, and community enhancement fees. Fines for compliance issues may also be listed. The document also includes any fees owed to the managing agent. Most of these fees are payable only if escrow closes.

The document will include any special assessments due at closing or afterward, ensuring the buyer is aware of future obligations. It also provides a brief description of the assessment’s purpose. The document may also list compliance issues, ensuring the buyer knows what needs correction to comply with governing documents.

The Purpose of HOA Estoppel

An HOA estoppel aims to protect the buyer and seller in a real estate transaction. The document informs the buyer of the exact HOA fees and outstanding debts they must pay before closing. It also protects the seller from being held responsible for any fees or fines after selling the property.

What does it cost?

The cost for preparing this statement varies by state. Some states cap the fee, governed by state statutes or HOA Acts. Typically, the managing agent receives the fee, as outlined in the management agreement with the association.

Who orders an Estoppel?

The “Estoppel” request is usually ordered by the title company or the closing attorney, depending on the state. In rare cases, the seller can also order it, who will then provide the title or the closing attorney. The title company or the closing attorney professionals should complete the request since they will be handling the closing documents. If AAM manages the community and you have questions about preparing or ordering this document, email AAM’s Disclosures team at disclosures@AssociatedAsset.com.

In Summary

An HOA estoppel is a crucial document for buyers and sellers in real estate transactions. As a buyer, you need to know the HOA fees and any outstanding debts before closing the property. As a seller, an HOA estoppel protects you from being responsible for any outstanding fees or fines after the sale.

Whether you are a homeowner living in an HOA, a recently elected Board member, or an aspiring Community Manager, it is important to understand the differences between the multiple governing documents by which an HOA operates. If you are a homeowner, for example, becoming familiar with your community’s rules, knowing what is and isn’t permitted concerning your home, and knowing where and how to find this information will prevent you from having to deal with the consequences of non-compliance, which in most cases, can include fines and other types of penalties.

Typically, all associations have governing documents, including Bylaws, CC&Rs (Covenants, Conditions, and Restrictions), and Rules and Regulations. These documents outline the rules, policies, and contractual terms that Board members and homeowners must follow within the homeowners association.

All new owners moving into a property within an HOA will be given access to these documents for their review. As soon as they close escrow, they agree to abide by the rules and policies contained in the documents mentioned above.

In most cases, these documents are initially drafted by the community’s developer and enforced and modified as necessary by the Board of Directors.

In a nutshell, here are the main differences between your HOA’s governing documents:

Bylaws

The Bylaws of an HOA contain all the information and rules specifically related to the association’s operations and management. In most cases, they outline the Board of Directors’ governing structure, lay out the procedures for matters such as Board elections and membership meetings, and outline the board’s rights and responsibilities.

More detailed examples of what you can find in your HOA Bylaws are:

• Membership Requirements
• Board Requirements
• Meeting Notices
• Board Meeting Frequency
• Quorum Requirements
• Voting Requirements and Frequency
• Term Limits for Board Members

CC&Rs

Generally, the CC&Rs are the most extensive governing document of an HOA. They contain homeowners’ rights and responsibilities and outline the architectural guidelines of the properties within the association. The primary purpose of CC&Rs is to regulate homeowners’ architectural modifications based on community-approved standards. This regulation aligns with the HOA’s core mission: to protect, preserve, and enhance home values within the community.

For example, your community’s CC&Rs might require that all homes be painted tan for aesthetic reasons. If your neighbor decides to paint their house red, the HOA might fine them until they comply. Fines and other penalties for non-compliance will vary from association to association. Nonetheless, all should be clearly outlined in the CC&Rs.

It is important to note that if any conflict exists between a provision stated in the CC&Rs and a “rule” generated by the Board, the one outlined in the CC&Rs will always precede, and the latter will become invalid.

Common HOA CC&Rs can include: 

• HOA Dues and Assessment Obligations
• Association and Homeowner Maintenance Obligations
• Architectural and Design Standards
• Vehicle Restrictions
• Pet Restrictions
• Rule Enforcement Procedures and Penalties
• Short-Term Rental Restrictions

Rules & Regulations

Many associations adopt additional rules to help enforce or clarify the guidelines outlined in the CC&Rs; these are known as Rules & Regulations. They’re commonly referred to as a catch-all for items not specifically addressed in the other governing documents of the association. Typically, these rules will be more detailed than the CC&Rs and are more likely to be modified over time based on the community’s current needs. For example, pool hours, gym hours, visitors’ parking hours, pet policies, and others. All of these are things that could change based on seasonality, membership demographics, the community’s current state, and current events, e.g., Covid, etc.

The Board of Directors can modify the Rules and Regulations by vote. However, community members should always be informed of any changes or additions to the Rules and Regulations or any other governing document.

Understanding the differences between an association’s governing documents is crucial for harmonious living in an HOA. Familiarize yourself with your community’s governing documents, including Bylaws, CC&Rs, and Rules & Regulations.