 Rights and Responsibilities in a
Community Association
Homeownership--whether
it is a condominium, town home, or single-family residence-carries
with it certain rights and responsibilities. Knowledge of those
rights and responsibilities is dependent upon the owner being
provided necessary information and the owner taking the time
to read and understand that information. Most owners understand
that fulfilling the responsibilities of paying the mortgage
and taxes protects most rights for them to live in their home.
However, homeownership in a community requiring mandatory membership
in a community association carries additional responsibilities
that are just as serious, but not often recognized.
Community
associations initially developed 200 years ago, but their prevalence
has grown exponentially during the past 50 years. One reason
for their growth is the ability to develop large, previously
undeveloped tracts of land without requiring massive public
works expenditures by city and county governments. Essentially,
many community associations provide services previously financed
and administered by cities and counties. These services can
include providing and maintaining community parks, swimming
pools, fences and landscaping, community centers, security,
street maintenance and lights, trash disposal, and other services.
Regardless of the level of services provided by a community
association, those services cost money.
To
finance and operate the association, members are required to
pay dues or assessments. Normally, these dues are a fixed dollar
amount detailed in the association's governing documents. Unfortunately,
many owners do not understand the responsibilities attached
to paying those dues. As members of the association, all owners
have equal access to the use of these facilities, but that
access can be revoked for not paying the dues or for violating
the deed restrictions. As additional reparation, most associations
can deny participation in association meetings, can levy fines,
or can file and foreclose on liens for unpaid amounts owed
the association.
Community
associations are non profit corporations created for the benefit
of the owners, and run by owners elected to represent the community.
The dues are the financial lifeblood of any association and
without them the association could face bankruptcy. In the
end, both the association board and owners have equal responsibilities
to uphold to make certain the association operates for the
benefit of all members. This is best accomplished through cooperation,
not confrontation.
Association Times' Staff Writer
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