Here are a few of the more frequently asked questions (FAQ) about our Association.
- WHAT ARE CC&RS?
- WHAT ARE BYLAWS?
- WHAT IS A COMMUNITY ASSOCIATION?
- WHY DO WE HAVE A BOARD OF DIRECTORS?
- WHY DO I HAVE TO PAY ASSESSMENTS?
- WHEN AM I CHARGED LATE FEES?
- WHAT ARE VIOLATIONS?
Please scroll down to see answers to these questions.
The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) are the governing documents of our association. This document gives the association its power and authority and is recorded against each lot. The owner of each lot is therefore subject to the terms and conditions it contains. It is the guideline that all operations of the community follow. Click HERE to view a printable copy of the current CC&Rs. Among other things, the CC&Rs provide for architectural control of exterior changes to your home and lot, such as landscaping, fencing, storage areas, spas, painting, etc. It is extremely important that you read your CC&Rs. In order to assure the continued quality of our community, the Architectural Review Committee will process requests for changes. To view a printable copy of the ARC Application & Instructions, please click HERE.
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In addition to the CC&Rs, a community usually will have Bylaws that govern it. While CC&Rs bestow the authority to the association, the Bylaws detail how that authority is to be administered. In this document are more specific guidelines regarding the day-to-day operation and management of our association, including the duties of the individual Board officers, the frequency of meetings, how assessments are calculated, when late fees take effect, etc. Click HERE to view a copy of our Bylaws.
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3. What is a Community Association?
New community developments in the Northwest are often required to form a non-profit corporation to care for the common areas within the development. This corporation is known as a community association. For developments of single-family homes, an association’s main concern may be only the common areas while for town homes and condominiums, association concerns may be such things as roofing, siding, and swimming pools. In addition to maintaining the common areas, associations are also responsible for managing the association’s finances and, at the direction of the Board, enforcing the guidelines in the CC&Rs. Click HERE to read the Oregon State Statutes regarding single-family homes. The extent of an association’s powers and involvement are dependent on three factors:
- The type of development
- The powers provided in the Declaration of Covenants, Conditions, and Restrictions
- The degree of involvement mandated by association members
The following are examples of duties often performed by community associations. Responsibilities vary by community, of course, but these are good examples.
- Collection of assessments from its members (i.e. homeowners) for implementation of the budget.
- Notification of CC&R violations and application of penalties, if need be.
- Maintenance of common areas, buildings, facilities, etc.
- Review of homeowner problems and concerns.
- Processing homeowner requests for exterior modifications (e.g. exterior paint color, improvements) to ensure cohesiveness of community appearance.
4. Why do we have a Board of Directors?
The Bauer Terrace Owners Association (BTOA) Board of Directors oversees the day-to-day operations of our association through it’s officers and committees. It’s many obligations include:
- Providing a resource pool for homeowner inquiries
- Accounting for billings, receivables and payables
- Handling and processing Architectural Reviews
- Inspecting the community for CC&R violations
- Corresponding with CC&R violators until the issue is resolved
- Arranging for corporate tax filings
- Locating and maintaining insurance coverage for the Association
- Answering homeowner questions
- Closely monitoring financial delinquencies and dealing with them appropriately
- Managing the common and open spaces of the community
- Establishing a budget
- Dealing with regulatory agencies on behalf of the association
5. Why do I have to pay assessments?
In order for our community to operate, it needs funding. Our CC&Rs provide for the homeowners in the community to be members of the association and thus pay assessments in accordance with a budget. Assessments are an obligation that we each agreed to fulfill when we purchased our homes and as such, are not negotiable. Assessments are invoiced monthly, quarterly, semi-annually, or annually as determined by the Board. The Bauer Terrace Owners Association provides assessment statements directly to homeowners for each period that assessments are due. The assessments are currently invoiced annually and are $260 per home per year. The Board will also distribute a budget for the upcoming year so that you can see what your new assessment will be and how money is spent.
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6. When am I charged late fees?
Late fees on past due assessments accrue according to the specifications in an association’s governing documents. They may be a flat charge, an interest percentage, or both. This is why prompt payment of your assessment obligation is so important .If your balance due remains unpaid after a period of time specified by your governing documents, the association has the authority to place a lien against your property in order to collect the assessments due plus reimbursement of the fees that the association has to pay when it files a lien. Long before that happens, however, several steps are taken to alert you to your unpaid balance and giving you the opportunity to pay it.
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Violations are essentially non-compliance with the governing documents. They might include architectural violations like having a basketball hoop affixed over the garage or painting your house electric blue with magenta trim. Or, they could be violations like leaving your trash can out, parking vehicles in unapproved places, or leaving your exterior holiday lights up too long. Your documents will detail what you may or may not do with regard to each of these situations, as well as many others. And in the case of any exterior changes to your home (like the paint example) or landscaping, you must have prior approval before beginning any work; otherwise, the association may require that you reverse the change at your own expense.
The Board or one of its committees will send you a friendly reminder about any violations they note when observing your neighborhood and give instructions for when it must be corrected. If the violation continues, a penalty process may begin, so it’s important to address the situation promptly. Click HERE to view a copy of the Bauer Terrace Financial Penalties Resolution.
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