In simple terms, a deed restriction is like a set of rules or limitations that come with owning a particular piece of property. These rules can cover things like what you're allowed to do with the property, how you can build on it, or even who can live there. They're often put in place to help maintain certain standards in a neighborhood, like keeping it residential-only or ensuring homes look a certain way. If you break these rules, there can be consequences, like fines or legal action. Deed restrictions are extremely difficult to modify, as they require 75% of all owners to vote in favor. For our community, that means over 160 owners would need to vote in favor of a change. Owners not present at a meeting or who do not participate in a vote are NOT considered in favor of a change.
HOA bylaws are like a rulebook for the neighborhood. They explain how the the HOA is run and what everyone who lives in the neighborhood has to do. They cover things like how the Board is elected, how often they meet, and their roles/duties. Bylaws are less difficult to modify. It requires the board to notify Owners of a vote with no less than 5 days and no more than 60 days notice. Amendments to the bylaws require approval by the majority of Owners present at the meeting specifically called.
The community's developer, in collaboration with the city, established these common areas during the initial development phase. While we do have a common area in our HOA that is not directly connected to individual homes, it's essential to consider the broader perspective of the entire community. Additionally, many of us access the community through roadways featuring common land managed by neighboring HOAs. Fortunately, it seems we bear the least responsibility for our common area, highlighting the collaborative nature of our community's shared spaces.
Within our HOA, these fees play a crucial role in sustaining our community. They primarily fund the maintenance of our two expansive common areas, totaling nearly 2 acres. These areas require approximately 26 mowings per year and care for over 20 trees.
Moreover, a portion of the fees goes towards compensating the management company responsible for overseeing our HOA's day-to-day operations. While our HOA board operates on a 100% volunteer basis, their time commitment is much smaller than the management company. The management company, on the other hand, is compensated for essential tasks, including mailing letters, collecting dues, enforcing community policies, reviewing design requests from our homeowners, and handling yearly accounting duties.
Additionally, a portion of the fees is allocated to a reserve fund. This fund is maintained at a level to cover unforeseen expenses that might arise, typically on a smaller scale for our community. Examples include repairs to a bike path or the replacement of trees.
Annually, the board conducts a collaborative meeting with the management company to assess the previous year's balance sheet and discuss the upcoming budget. This thorough review helps us calculate the necessary contribution from each homeowner to meet the proposed budget for the year.
In the initial years of our community's development, this figure underwent saw changes due to the addition of new homes and the establishment of our reserve fund. However, with the community's completion in 2024 and a robust reserve fund in place, we anticipate a more stable and consistent fee structure in the years ahead.
While not every meeting is formally open to everyone due to logistical considerations, we encourage you to express your interest in attending to any board member. We're more than happy to extend individual invitations when feasible. Moreover, when seeking community feedback, we organize specific meetings at locations that can accommodate a larger audience.
Although our meetings may not be officially open to everyone each time, rest assured that comprehensive meeting notes are diligently recorded and stored with our legal documents. To ensure transparency, our board plans to share an overview of these meetings on our website's blog section, making important topics accessible to everyone in the community.
For detailed information on our community rules and regulations, we recommend visiting the website of our management company. You can find a direct link to their website on our 'Useful Links' page. The management company oversees the enforcement and communication of community guidelines, ensuring a harmonious living environment for all residents. If you have specific questions or need clarification on any rule, the management company will be the most reliable source for up-to-date information.
You should visit the management's website to review changes that are required to be submitted and approved. The general rule of thumb is anything that modifies the exterior of your home or land in a permanent capacity requires approval. Common topics for our management company can be found here: https://omnihoa.com/design-review-board/ Changes made without approvals may lead to fines. If modifications do not meet community standards, the change would need to be reverted to the original design, at the expense of the property owner. It’s also important to note that any changes approved by the design review board remain approved, regardless of future changes to deed restrictions or bylaws.
The annual cost covered by our community does not include an unlimited number of design requests from our 200+ neighbors. Including such a service in our annual fee would necessitate a substantial increase shared among all homeowners. It's worth noting that many management companies do not even provide this option.
Currently, we operate on a 'Pay to Play' model, ensuring that the costs associated with design requests are borne by the specific homeowner making those requests. This approach allows residents who don't utilize these services to avoid being impacted by additional expenses. By adopting this system, we aim to maintain a fair and sustainable structure for all members of our community.