FAQs: Frequently Asked Questions

Some questions come up over and over, so we've collected them here. We hope you find the information helpful.

Covenants & CC&Rs

What is a "covenant-protected" community?

When your community was developed, a specific set of standards were identified as desirable. These were written into the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) that were filed with the county prior to the sale of any homesite to homebuyers. They encumbered every homesite, and each is sold with the understanding that the purchaser acknowledges and agrees to all of the covenants, conditions, and restrictions.

Who is responsible for enforcement of covenants?

Everyone. In practical terms, the association's or district's management company handles many routine matters. One of the community manager's duties is to inspect the community on a regular basis, notify those who have violated a covenant of their error, and request compliance. While it would be naive to think such routine inspections would discover every violation, many are noted in this way. Any association or district member can report a covenant violation by contacting the management company.

What if I notice a covenant violation?

Take note of the nature of the violation, the identity of the individual, date, time, and place. Contact the association's management company. The more information you can provide, the more effective the community manager can be in enforcing the covenant. Your report will be kept confidential.

What happens if the offender refuses to cooperate?

After the initial written notification is sent, the community manager follows up to confirm that the matter has been resolved. If the behavior continues, the matter is reported to the board for further action. Legal means have been used successfully to enforce covenants.

What if I violate a covenant simply because I didn't know about it?

The community manager may send you a courtesy letter reminding you about the covenant and asking you to comply. The law assumes you were aware of all terms because they are on file at the municipality and therefore are considered to be a matter of public knowledge. This is why it is important that you read the CC&Rs carefully when you purchase a home.

What if there's a covenant I don't like?

By deciding to live at the community, you have indicated your desire to participate in a particular lifestyle. That lifestyle is one that includes consideration for others and respect for property — individual and community owned. This respect for each other is detailed in the CC&Rs. This is a two-way street. Expecting others to follow the rules while ignoring selected covenants yourself can lead to unpleasantness (or worse, legal action).

Part of your role in the community is staying informed and following the covenants and policies of the community. The covenants are there to protect your investment and those of all your neighbors. While you may disagree with a particular detail, you are still obligated to comply with it. This is why we suggest you read the entire set of CC&Rs carefully. We do not want you to experience any unpleasant surprises.

What if my neighbors have no objection to my ignoring a covenant?

But what if your neighbors' neighbors object? Individual neighbors do not have the authority to modify or waive the covenants. If each individual were to negotiate with neighbors regarding which covenants would be observed, the community would cease to be a covenant-protected community.

The Association & Management Company

How is a homeowners association formed?

The developer (called the "Declarant" since it "declared" the CC&Rs) establishes an association by recording a Declaration of Covenants, Conditions, and Restrictions with the appropriate municipalities. Articles of Incorporation (affectionately known as "the Articles") are filed with the Secretary of State.

These two actions create the association in a legal sense. At that point, the developer is the only member and has all the votes — one for each lot. While this makes elections rather easy, it is not a profitable way to run a business. Homes are marketed, and ultimately each homeowner has one vote for each home they own. The votes that belong to homeowners reduce the developer's total.

What does a "community manager" do?

The Board of Directors determines its objectives and contracts with a professional management company experienced in carrying out the day-to-day work needed to achieve those objectives. The contract specifies the duties of the community manager and fees to be paid in return. In turn, at the direction of the board, the community manager obtains bids for specialized services (landscape maintenance, pool service, etc.) and contracts with companies selected by the board to obtain the needed service.

The board represents the association members (homeowners, and until the community is complete, the builders and developer as well) and directs activities to carry out its responsibilities. The association contracts with the management company for specific duties and management fees to be paid in return.

Roads

How are roads within the community maintained?

The roads are constructed and warranted for two years by the developer. Near the expiration of the warranty period, the municipality inspects the roads. The developer makes repairs as required. After completion of the repairs, the municipality accepts the roads into their routine maintenance program. From that point on, the roads will be maintained and serviced according to the standards of the municipality. The exact timing of this turnover can be affected by weather and the amount of new construction in the area.

What if I have a complaint about a road in the community? Who should I contact?

If you have a particular concern about a public road, report it to the appropriate municipality.

Common Areas

What if I notice a sprinkler in the common area watering the sidewalk instead of the landscaping?

Common areas are maintained by the HOA or metro district working through a landscape company according to the specific terms of a contract. If you notice a problem with a common area — misadjusted sprinkler, dying tree, lack of water, too much water, and so on — contact the management company to report the item and location.

Design Review

We want to add a deck, paint our shutters a different color, install a dog run… What do we do first?

Fill out a Design Review Request form and submit it to the Design Review Committee. Include appropriate drawings and all necessary information for the quickest response.

Does everything require Design Review Committee approval?

Anything that changes the exterior appearance of your home or adds to your property — for example, paint, decks, sheds, room additions, air conditioning units, or basketball backboards. Approval for some items has been requested so often that a list of pre-approved changes exists. For the current list, see Article 5 in the CC&Rs.

What if a resident proceeds with an exterior change without Design Review Committee approval?

The Design Review Committee has the right to require resident compliance. This would be requested by letter. Litigation is the ultimate means to assure compliance. The resident could end up having to remove or redo the improvement to meet the architectural standards for the community.

How long does it take to have a request processed and approved?

The timing of submitting your request can dramatically affect how long you wait for a response. The Design Review Committee meets regularly, usually once a month. However, if you submit a request just after a meeting, you will have to wait for the next scheduled meeting for a response.