Serving the Carolinas since 1975
FAQ
These are the answers to some of the most frequently asked questions we receive. Please glance through them - it may save you time in getting answers to your question.
What is a Homeowners Association?
What is the Board of Directors?
Why do I have to pay Association Fees?
What do the Association Fees cover?
How do I pay the Association Fees?
To whom do I make my check payable?
What is the managing agent's authority?
What are the Governing Documents?
Where can I get a copy of the Governing Documents?
Why do I need to comply with the deed restrictions?
Why do I have to get the Association's permission for home improvement?
What does the Association's insurance cover?
Are there any pet restrictions?
What is a "Master Association"?
What is a Homeowners Association?
It is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&Rs, Bylaws, and Articles of Incorporation. The corporation is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.
What is the Board of Directors?
The Homeowner's Association again is a corporation and therefore a governing body that is required to oversee its business. The Board of Directors is elected by the homeowners, or as otherwise specified in the bylaws. The limitations and restrictions of the powers of the Board of Directors is outlined in the Association governing documents.
Why do I have to pay Association Fees?
All owners are required to pay Association Fees by the governing documents of their Association. The fees may be due annually, semi-annually, quarterly or monthly. They fund the operation and maintenance of the common property and are used to provide services for the benefit of all owners.
What do the Association Fees cover?
Association Fees pay for common area landscape maintenance, repair and maintenance of pools, playgrounds and equipment, and they provide for improvements desired by the Association, and for services to the owners.
How do I pay the Association Fees?
Owners may elect to pay their Association Fees via check, credit card, or have the amount withdrawn from their bank account. Checks must be accompanied by the "assessment coupon" and should be mailed directly to the bank shown on the coupon. (The bank cannot accept payments without the coupons.) Owners may also apply to have their payments withdrawn automatically from their bank accounts. This eliminates the inconvenience of checks, coupons or timeliness of payment.
To whom do I make my check payable?
Your check should be made payable to your Association (e.g.; "ABC Homeowners Association" or "XYZ Condominium Association")
The Association is a non-profit corporation managed by a Board of Directors elected by the owners. The Board is responsible for the management of the Association's funds, the enforcement of the deed restrictions, and the maintenance of common area property. A management company is contracted by the Board of Directors to provide such services as: Collection of assessments, covenant enforcement, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports, as well as a general clearing house for problem solving, communications with homeowners and the Board of Directors and to serve in an advisor capacity. The management company reports directly to the Board and all decisions are made by a majority vote of the Board of Directors.
The managing agent is a company that is engaged by the Board of Directors. The managing agent attends to the day-to-day operation of the Association and implements the policies and decisions as determined by the Board of Directors. Kuester Management Group’s sole business is serving Associations as Managing Agent.
What is the managing agent's authority?
The managing agent has no authority except as conferred by the Board of Directors. The managing agent does not make decisions; it implements the decisions of the Board.
What doesn't Kuester Management Group do?
We do not manage individual rental units in a community.
What are the Governing Documents?
The "Governing Documents" for your association are the Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions (or Declaration of Condominium) plus any Rules and Regulations, Resolutions or guidelines that have been established by your association.
The Covenants, Conditions and Restrictions (CC&Rs) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&Rs were recorded by the County recorder's office of the County in which the property is located and are included in the title to your property. Failure to abide by the CC&Rs may result in a fine to a homeowner by the Association.
The Bylaws are the guidelines for the operation of the non-profit corporation. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business.
Where can I get a copy of the Governing Documents?
You received a copy at, or prior to, closing on your home. If you need another set, it is available through your association and/or its managing agent. Your Governing Documents are recorded instruments so they are also available through the County in which your Association is located.
It is part of the Declaration of Covenants, Conditions and Restrictions (or Declaration of Condominium) that you agreed to when you bought your home. Through this document, you agreed to certain standards of maintenance, upkeep and behavior in order to make the community as attractive as possible for yourself and your neighbors, and to maintain or enhance your property values.
Why do I need to comply with the deed restrictions?
When you purchase a home in a deed restricted community you automatically agree to comply with the restrictions then in place or that are properly established. This ensures that the integrity of the community is maintained.
Why do I have to get permission for home improvement?
This better ensures that your intended improvement meets your community's standards as set forth in the Governing Documents and avoids the problems that arise from the construction of improvements and the use of colors or styles that conflict with others in your neighborhood.
It is the land for the use and enjoyment of the members of the Association. This includes facilities like pools and playgrounds in single family communities and hallways, exercise facilities and building structures in condominium communities.
What does the Association's insurance cover?
The Association's insurance includes property and casualty policies for all common area property and equipment. (In condominium associations this includes the entire structure of the building.) It also includes Liability and Directors & Officers policies that cover Directors, Committee Members and volunteers working on behalf of the Association.
Are there any pet restrictions?
Most condominium associations and many single family associations have pet restrictions. Because they can vary widely by community, please review the governing documents for the restrictions pertaining to your particular community. In addition to community restrictions, many counties have strongly enforced leash laws.
What is a "Master Association"?
"Master-planned communities" are often comprised of several distinct homeowners associations. In such cases the Master Association is the "umbrella" organization that provides services that are common to all of the individual Associations, such as contracts for community patrol, trash collection, common landscape maintenance, etc.
