New Bedford II & III

New Bedford II & III Convenants

IMPORTANT HOA NEWS 

The point of a home owners' association is primarily to maintain consistency, a sense of community, prevent properties from becoming rundown thus adversely affecting property values within the neighborhood, encourage communication to better improve the community, help prevent development of community crime through a Neighborhood Watch type of committee, be supportive of neighbors, maintain common areas.

You signed papers at the closing of your property agreeing to abide by the covenant of the community, uphold its individual laws and pay your annual dues.  This entailed a legal obligation on your part to which you are expected and required by law to uphold.  If you fail to do so you not only let down your entire community, betray the trust of your neighbors who expect you to maintain your property and pay your share, but you risk legal action against your household.  An HOA is a State regulated and recognized entity that is empowered to take whatever legal actions are at its disposal to ensure that the covenant is upheld and the dues are paid by all homeowners.  The board of the HOA has not only the right but the obligation to the community and the State to assess fines and liens on properties wtihin the community to enforce this law to which all the homeowners agreed to abide when they purchased their properties.

When the covenant is upheld by all the home owners in a community, ideally they can expect:

1. Quicker sale of homes
2. Higher sale prices of homes
3. Lower crime rates
4. Consistency in responsible property upkeep maintenance among all the homes
5. No abandoned, broken down vehicles or discarded furniture lying about the lawns running down property values
6. Consistency in the established design and  pallette coloring established by the builder throughout the community (i.e. no value reducing shocking neon colored shutters and siding suddenly appearing in an otherwise subtley painted neighborhood)
7. Common areas kept well maintained, attractive and well landscaped
8. Pools working and seasonally ready for use
9. Security lighting working
10. Neighbors working together as a team and being supportive of one another

Home owners have the right to:

1. A responsive and competent community association
2. Honest, fair and respectful treatment by community leaders and managers.
3. Participate in governing the community association by attending meetings, serving on committees and standing for election.
4. Access appropriate association books and records.
5. Prudent expenditure of fees and other assessments.
6. Live in a community where the property is maintained according to established standards. 
7. Fair treatment regarding financial and other association obligations, including the opportunity to discuss payment plan options with the association before foreclosure is initiated.
8. Receive all documents that address rules and regulations governing the community association - if not prior to purchase and settlement by a real estate agent or attorney, then upon joining the community. 
9. Appeal to appropriate community leaders those decisions affecting non-routine financial responsibilities or property rights.

The New Bedford II & III community own common areas composed of, pool, pipeline easement, Pond, and grassy landscaped areas, irrigation system for entry, pool, & pond area to the subdivision which must be maintained.  These amenities must be maintained and cost money and work.  If the home owners themselves are unable or unwilling to individually provide maintenance for these common areas then professionals must be hired to maintain them.   All these costs must be shared among all homeowners. 

What’s Included in the Annual Dues?

(Expenses include, but are not limited to, the following)

Common Areas (Clubhouse, Pool, Entries, etc. as mandated in the Deed of Dedication and Restrictive Covenants of

1. Repair and Maintenance of the clubhouse and pool
2. Repair and Maintenance of all clubhouse and pool furniture and contents
3. Water and Sewer for clubhouse and pool
4. Common Area Electric – street lights (power only)
5. Lawn Maintenance (mow, trim, fertilize, rake leaves, snow removal, etc.)(Clubhouse, entries, frontage)
6. Seasonal Color – clubhouse and entries
7. Irrigation System Maintenance (clubhouse, entries, frontage)
8. Tree Maintenance
9. Roof Repair and Maintenance (clubhouse)
10. Fence Repair and Maintenance
11. Signs – clubhouse and entries
12. Trash Service – clubhouse
13. Pool Service and Maintenance
14. Pool Management Contract
15. Maintenance Equipment
16. Maintenance Personnel
17. Taxes and Licenses
18. Accounting and Auditing Services
19. Statements and Mail-outs
20. Office Services (copies, postage, office supplies, etc.)
21. Property Management Fees
22. Legal Fees
23. Bank Charges and Fees
24. Casualty Insurance Coverage for the Building, Pool and other amenities
25. Liability Insurance for the Homeowners Association.
26. Directors and Officers Insurance for Board of Directors
27. Reserve Accounts (Savings) to accumulate and provide funds for large projects, i.e. roof replacement, paving, pool refinishing, etc.

When home owners fail or refuse to pay their dues and assessments then an attorney must be paid and court costs are incurred to collect those dues.  These legal costs can amount to tens of thousands of dollars annually for an HOA - just to enforce the covenant.  Nobody wants to have to pay more because their neighbour stubbornly refuses to live up to the obligation he made when he bought his house.  It's always better to arrange for a payment plan setup than to just ignore your annual assessment and end up having to pay the legal costs your HOA had to incur to get a home owner to pay up.  If the board fails to enforce the covenant requirements for payment of annual assessments they break the law.  When the home owner fails to pay the annual assessment he breaks the law in similar manner if he refused to pay his county property taxes.  It is a legal obligation made at the time of purchase of the property and fully enforceable.  Most boards are more than willing to work with a home owner suffering undue hardship so that such party can work out a liveable payment plan.  Don't wait until the board is forced to put a lien on your property, by then they've already incurred legal expenses that you will be expected to pay.  Pay your bills on time, or tell your board you need a payment plan to catch up.  Most banks offer automatic monthly payments to the party of your choosing - paying $60 or so a month to your HOA will not be nearly as much as a hardship throughout the year, then at the annual assessment you'll be paid in full and won't get a large bill each year. Just think how very nice your community could look if everyone did their fair share!  Think about how much more your home could be worth!

Remember, HOA board members "SERVE" on a volunteer basis and deserve the respect of the rest of the community, as they should also respect their fellow home owners.  Board members are not paid to do their jobs.  Most have paying jobs and perform their duties for your community after hours.  It is not uncommon for board members to have to spend every waking hour outside of their jobs just performing labor on behalf of their HOA keeping up with monitoring reports and coordinating work that needs to be done to maintain the neighborhood, responding to requests for letters for sales of properties, dealing with service contractors and ensuring the common areas are kept up to snuff.  On occasion a board member is expected and required by law to enforce the covenant to which all community members agreed to abide at time of home purchase.  This may be one of the hardest jobs these volunteers must do - to go to a neighbor and remind them to cut their grass, replace their siding, repair broken fences, gutters, remove unsightly, accumulating discarded trash from yards etc.  If they do not do this unsavory job, the community quickly can become rundown and devaluation of all the homes results.

Your property value is directly related to how well the volunteers of your HOA perform their duties and whether or not you, personally, get involved and help pick up the slack.  Many hands make the job easier.  Sadly most home owners don't think about their HOA until they get the annual bill.  They never stop to think that some of their neighbors are out there working on their behalf year round to make their community nicer, battling the elements that would run it down.

Remember, when you receive your annual bill, that that money has been spent all year trying to keep up your community, and when you go to sell your home, even if you personally never used the pool, you still sell your house as belonging to a covenant controlled community adding "SWIM COMMUNITY" to your sales listing.  That instantly adds value to the property.  That's money in your pocket.  If your board and committee members who have been volunteering weren't there, if nobody volunteered, your house is going to be harder to sell.  So help out, pay your dues, volunteer, get involved and attend your board meetings regularly throughout the year.

If you feel your board members are abusing their positions by being rude and domineering as well as unreasonable, get involved.  Get your neighbors involved and change the board.  But remember, your board members are home owners too who may just be misguided and feeling unappreciated for all the work they've been doing unpaid for you.  Sometimes just a kind word can help them get back on the right track.  But you can make a difference by getting involved with the meetings yourself.  Attend your board meetings regularly, but be polite and smile even if it is hard to do so.  You'll get further that way in accomplishing your goal.

Take a minute to tell those volunteers that work so hard while you're in your easy chair watching TV - "THANK YOU".