Q:
What is a POA/homeowners association and why do they exist?
Planned communities and other forms of homeowners associations ("HOA") or Property Owners Associations ("POA"), allow the owners to administrate and manage their community. One of the main purposes of the HOA/POA is to enforce a set of covenants (promises) which bind all owners.
The covenants are usually contained in a document called a Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). Many HOAs include common property, such as pools, greenways and private roads and in the case of condominiums, usually building structure, walls, roofs, plumbing, wiring and other aspects of the building. Individual property owners are required to pay assessments (usually monthly) to enable the HOA to operate the association and maintain the common property.
A homeowners association is bound by governing documents where individual owners pay assessments for the maintenance and administration of the common area.
Q:
Who serves on POA/homeowners associations, what do they oversee and how are such associations governed?
HOAs are usually governed by a board of volunteer owners elected by the remaining owners. The board holds regular meetings to enforce the CC&Rs, to establish a budget, authorize expenditures, collect assessments, problem solve, and oversee maintenance of the common property. The board acts in much the same way as a corporate board of directors. Many HOAs also utilize committees to help administer the association. For example, Architectural Control Committees are commonly used to maintain architectural consistency in the neighborhood.
Q:
What are the Governing Documents of a POA/HOA?
The declaration, bylaws, operating rules, articles of incorporation or other documents which govern the operation of the common interest development or association.
By-Laws are rules and regulations adopted by an association or corporation which govern its activities. CC&Rs Covenants, Conditions and Restrictions are the associations governing documents sometimes called the Declaration, Bylaws, Rules, Regulations, Resolutions and Articles of Incorporation.
Q:
What is Architectural Design Policy?
Criteria authorized by the governing documents or enacted by the Board of Directors to establish the acceptable standard for exterior paint colors, roofing, siding, fencing, size and elevation of homes and other facets of the home and landscape design.