Your Association
As an owner of a home or unit in Arbor Lakes, you automatically become a member of the community association. The association is governed by a Board of Directors, typically made up of homeowners within the community, whose duties and responsibilities are explained in the association’s governing documents. The association, through its Board, is responsible for maintenance of amenities and common elements of the community. In many cases the association is also responsible for providing services to the units, such as cable, data or security services. The Board may contract with outside suppliers to provide these services and any necessary materials, as well as management services, insurance, and other items which are necessary in order to ensure that your community is well maintained. In some cases, the association will hire employees if a higher level of attention and service is desired and if it is cost effective to do so.
As an association member, you will be responsible for payment of maintenance fees or assessments. This fee provides the association with funds to pay the expenses for which it is responsible. Each year the Board of Directors prepares a budget by obtaining bids or otherwise estimating the cost of goods and services required for the coming year. This budget is then divided based on the pre-determined formula set forth in the governing documents, to arrive at the annual assessment that each homeowner or unit owner is responsible to pay. You will then be billed by the association’s management company for your share of the budgeted costs. The annual assessment may be billed annually, quarterly, monthly or on some other basis, as set forth in the community’s governing documents.
Your community association plays a pivotal role in providing for the health, safety and welfare of its members. This is often accomplished by the association’s enforcement of the deed restrictions contained within the community’s governing documents. The governing documents typically contain restrictions on the use of homes within the community; parking and vehicles; animals and pets; architectural control, landscaping and a variety of other matters. In The association’s board members have a duty to enforce the association’s governing documents in a fair and even-handed manner, with like treatment for all persons who are similarly situated. These efforts are sometimes misinterpreted by owners who feel their rights or desires are being curtailed. In these circumstances, it must be remembered that the association, its board and manager often do not have discretion to deviate from the provisions of the governing documents. These documents are enforceable under the principles of contract law.
The governing documents of your association include the Articles of Incorporation and By-laws, Declaration of Covenants and Restrictions, or in a condominium, the Declaration of Condominium. There may also be community rules and regulations architectural guidelines, and other policies that have been adopted by the association. In addition to these governing documents, community associations must also be operated in accordance with state law. In Florida, law regarding community associations can be found in Chapters 617 (Not-For-Profit Corporations), 718 (Condominium Associations), 719 (Cooperative Associations), 720 (Homeowner’s Associations) and 723 (Mobile Home Parks) of the Florida Statutes. In addition, there are rules which have been established by the Division of Florida Condominiums, Timeshares and Mobile Homes, which can be found in Section 61B of the Florida Administrative Code. Because community associations are so highly regulated, it is prudent for an association to contract with a professional management company as well as an attorney whose practice focuses on community associations. Your community’s management company, Terra Management Services provides high quality, individualized services for your community association.
While there are many laws and regulations that affect your community association, when it really comes down to it, the success of your association is dependent upon the people who volunteer their time to operate it. The Board of Directors and Committee members do their best to represent the interests of the association members. Although the Board of Directors tries to keep everyone satisfied, this is sometimes an impossible task since different homeowners have different expectations of the association. Homeowners are often encouraged to play as large a role as they would like in assisting the Board in running community. A homeowner can participate by volunteering to serve on the Board or committees, recommending ways to reduce the budget (such as alternative providers of goods and services), and by attending the Board meetings and annual membership meeting of the association. Information as to the date, time and location of regular Board and Membership meetings can be found on the events calendar located in the community portal. You can log in to the community portal by clicking the Resident Sign-in button on the top of this page.
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