Associations Frequently Asked Questions 

Trend Management Solutions is a professional association management company specializing in management and administration of homeowner, commercial and condominium associations. Our management team is highly trained, skilled and qualified to manage all the needs and requirements of your association. Our combined staff possesses many years of association management experience and is very active in the association industry in north Florida. Here is a list of frequent questions we here quite often.

1. What is a homeowner's association?

It is a non-profit corporation as required under Florida state statute 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: DRC's, Articles of Incorporation, and its Bylaws. All owners or members of the association must be familiar with the legal governing documents. The corporation is financially supported by all members of the association. Membership is both automatic and mandatory by taking title a property contained within the platted subdivision.

2. What are the DRC's, Articles of Incorporation?

These are two of the three primary legal documents of the association. The Declaration of Restrictions, Covenants and Conditions (DRC's), are the governing legal documents that set up the guidelines for the operation of the association. The DRC's are recorded by the Clerk of Court in the county where the association is platted. The Articles of Incorporation are the documents that mandate a not for profit corporation and are recorded with the Secretary of the State of Florida.

3. What are the Bylaws?

Generally, the Bylaws are subordinate to the DRC's and Articles. 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, as well as other specific items that are necessary to run the association as a business.

4. What is the board of directors?

The 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 limitation and restrictions of the powers of the board of directors is outlined in the association governing documents.

5. Are there any other rules?

Most associations have developed rules and regulations as provided for in the legal documents and adopted by the board of directors. Rules are established to provide direction to the homeowners for common courtesies with regard to parking, vehicles, pets and pool use hours, etc. In addition, your association may adopt architectural guidelines with procedures for submitting requests to make exterior changes to your home. Such changes may include any exterior changes or additions, landscaping modifications and other exterior modifications.  These rules and guidelines are set up to maintain the aesthetic value and integrity of the community on behalf of all owners, and hopefully protect the market value of your investment as well. 

6. Are meetings of the board open to all residents? If so, where and when are they held?

Yes. Notice of the time and place of any regular board meeting must be posted in a conspicuous place in the community (usually at the ingress and egress of the subdivision). Though a meeting could be held at a residence, it is recommended that it be held in an office, conference room, clubhouse or any other neutral area as to not alienate some owners from wanting to attend the meeting.

7. What are association dues and/or assessments?

This is the periodic amount due from each owner to cover the operating expenses of the common area and provide for reserve funds for replacement of common facilities in future years. 

8. How is the amount of my assessment determined?

By the board of directors. The budget is set upon specific guidelines for utilities, landscaping, administration, etc. Reserve funds are monies set aside for future expenses due to the life expectancy of certain items: parameter fencing, gates, retention pond maintenance, lighting, street resurfacing, pool equipment, etc. These amounts are then divided by the number of units built in a development. 

9. What happens if I don't pay my assessment?

The maintenance and management services incurred by the association are dependent upon timely receipt of the assessments due from each homeowner. Late payments could result in a late charge. In addition, many of the DRC's allow the association to charge late charges and interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments.

10. What is a management company and what do they generally do?

A management company is contracted by the board of directors as an "agent of the association" to provide such services as: Collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports, as well as a general problem solving, communications with homeowners and the board of directors and to serve in an advisory capacity. The management company reports directly to the board and all decisions are made by a majority vote of the board of directors.

The board of directors in effect "runs" the affairs of the association. The officers, such as the president, treasurer and secretary are subordinate to the board of directors and work under their direction. Your manager will assist both the directors and officers in the complete operation of the association agreed upon through an "agent agreement or management agreement".  In most cases, the manager will be assigned many of the tasks that are required by both the directors and the officers. If agreed upon, your manager will expedite all tasks to alleviate the day to day responsibility of the directors and officers. However, the ultimate oversight is always the board of directors.

In closing

The truth is that you are probably working with a community association manager or management company that recently converted to this profession due to a declining real estate market. At Trend, our team of Community Association Managers has been specifically trained to work as association managers. This is our profession, this is what we do, and we do it well. Let us help you make your association the best it can be.