FREQUENTLY ASKED QUESTIONS (FAQs)

HOMEOWNERS ASSOCIATION INFORMATION

A: A Homeowners’ Association (HOA) is a legal entity created by a real estate developer to develop, manage and sell a community of homes. It is given the authority to enforce the covenants, conditions & restrictions (CC&Rs) and to manage the common amenities of the development. It allows a developer to end their responsibility for the community, typically by transferring ownership of the association to the homeowners after selling. Generally accepted as a voluntary association of homeowners gathered together to protect their property values and to improve the neighborhood, a large percentage of U.S neighborhoods where free standing homes exist have an HOA. Most homeowners’ associations are nonprofit organizations and are subject to state statutes that govern non-profit corporations and homeowners’ associations.

A: The term neighborhood association is sometimes incorrectly used instead of a homeowners association (HOA). Some key differences include: 1. HOA membership is mandatory generally through rules tied to the ownership of property like deed restrictions. Neighborhood association membership is voluntary or informal. 2. HOAs often own and maintain common property, such as recreational facilities, parks, and roads, whereas neighborhood associations are focused on general advocacy and community events. The rules for the formation of a neighborhood association in the United States are sometimes regulated at the city or state level. Neighborhood associations are more likely to be formed in older, established neighborhoods, whereas HOAs are generally established at the time a residential neighborhood is built and sold. In some cases, neighborhood associations exist simultaneously with HOAs, and each may not encompass identical boundaries.

A: A property management entity contracted by a Board of Directors or community to provide a variety of services including but not limited to collecting assessments, sub-contractor endeavors, financial advisement and statement/reports preparation and analysis, general maintenance and problem resolution.

A: The term CC&R refers to ‘Covenants, Conditions & Restrictions.’ A real covenant is a legal obligation imposed in a deed by the seller of a home and or property upon the buyer of the real estate to do or not to do something. Such restrictions frequently ‘run with the land’ and are enforceable on future buyers of the property. Examples might be to maintain a property in a reasonable state of repair, to preserve a sight-line for a neighboring property, not to run a business from a residence, or not to build on certain parts of the property. Many covenants are very simple and are meant only to protect a neighborhood from homeowners destroying trees or historic things or otherwise directly harming property values. Some can be more specific and strict, outlining everything a homeowner can do to the exterior of their home, including the number of non-familial tenants one may have, acceptable colors to re-paint the home, exactly when holiday decorations are allowed up, automobile placement or repair on property, satellite placement, etc.

A: A set of rules or guidelines regarding the operation of a non-profit corporation such as a Board. Bylaws generally set forth definitions of offices and committees involved with the Board of Directors. They can include voting rights, meetings, notices, and other areas involved with the successful operation of the Association.

A: The declaration, bylaws, operating rules, articles of incorporation or any other documents which govern the normal operating procedures of an association.

A: Any area of improved real property intended for shared use by the members of an association.

A: An Ordinance is an individual or set of laws adopted by local government at the county and city level.

A: All changes to the outside of your home need approval. Click on this link: Architectural Requests for directions and forms.

A: In most cases, the answer is YES. Please contact the County for information regarding permits and how to obtain them. Even if you obtain a permit from the County, you still are required to get prior written approval from the HOA.

A: All hazardous materials need to be disposed of properly. For information as to what materials are hazardous and where to take them, please contact the City of Acworth Public Works.

A: An interest or a right in real property which grants the ability to a landowner to use the land of another for a special purpose or endeavor. An association may, for example, have an easement for slope maintenance or other repair purposes. A public utility may also have an easement for maintenance or repair work to be executed at a future date.

A: Once each month.

A: Maintenance of the property including, lawn mowing, edging, weeding, clean garden beds, shrubs properly trimmed, fresh pine straw and mulch, condition of the paint on homes, trash cans, street parking policy being maintained, fence repair, trailers, boats or RV policies being maintained.

A: For any proposed change or modification to the outside of the home or lot.

A: No, we are not a part of the Bentwater Association, and we do not have access to any of their amenities and vice versa.

ASSESSMENTS

A: Homeowner associations can compel homeowners to pay a share of common expenses. These expenses generally arise from common property, which include grounds upkeep, building maintenance, insurance premiums, property taxes, and management fees.  As of September 2019, our current annual assessment is $900 paid in two installments of $450 (January and July)

A: The amount of assessment for any given year is based upon the projected operating costs of the Association for the coming year, plus a provision for funding reserves for the maintenance, repair or replacement of capital assets and other contingencies.

A: Yes,  Section 9.03 of the covenants states that it is the duty of the Board at least thirty (30) days prior to the association’s annual meeting to prepare a budget covering the estimated common expenses during the coming year, such budget to include a capital contribution or reserve account if necessary for the capital needs of the association. The Board shall cause the budget and the proposed total of the annual assessments to be levied against the dwellings for the following year to be delivered  to each member The increase is determined by the Board of Directors and communicated to each member at least 15 days prior to the annual meeting.

A: Yes. The common expenses of our development include grounds upkeep, building maintenance, insurance premiums, property taxes, and management fees. When these expenses go up, the cost is usually passed on to our property owners in the form of increased assessments. The legal authority to increase assessments is outlined in the covenants.

A: If your account is in arrears more than 30 days, you will be assessed a $45 late fee (amount determined by the Board) as well as an 18% annual interest charge. You will also be sent a reminder by the management company, and a lien will be attached simultaneously. If your account is 90 days in arrears the entire balance will be due and payable in full. The continuing lien and equitable charge shall include the late charge, interest on the principal amount due and all costs of collection (including attorneys’ fees and court costs, etc.)

A: A monetary claim levied against a property for unpaid mortgage, taxes, contractor work, or other charges. A lien is attached to the property, not the owner, but legally must be recorded in the property records of the county of residence. If a Lien is in place, the property owner has very limited ability to do anything involving the property until the Lien is satisfied or removed.

A: Payment options include: automatic draft, check, your online bill pay service, or credit card. The current assessment (as of September 2019) is $900 per year. Payments of $450 are due on January 1st., and July 1st., each year. (There will be a $45 late fee if payment is not received by the end of the month that payment is due).

Checks should be sent to:

The Estates Homeowners Association Office

C/O Community Management Associates, Inc.
Attn: Elysia Bonner
1465 Northside Drive
Suite 128
Atlanta, GA 30318

Please make your check out to The Estates Homeowners Association and include your account number or property address.

For online payments: CLICK HERE

A: No. All owners must pay their share of common expenses.

BOARD OF DIRECTORS

A: Concerning an HOA, Community or other formal organization, a director is an officer charged with the conduct and management of its affairs. The directors collectively are referred to as a board of directors and are generally elected or appointed. Sometimes the board will appoint one of its members to be the chair, making this person the President of the Board of Directors or Chairman.

A: Current provisions of The Estate’s  By-Laws provide for a Board of three (3) members. The presence of two of our members constitutes a quorum to conduct a legal meeting. Please refer to Article IV of the covenants for more information about the composition and selection of Board members and officers.

A: The general duties of the Board of Directors are as follows: 1) To uphold and enforce the terms of our Governing Documents. 2) To manage the business affairs of the community. 3) To maintain the security of the community. 4) To maintain the physical infrastructure of the Association. 4) To manage the financial assets of the HOA. 5) To develop budget projections that anticipate ongoing operating expenses and assure that sufficient reserve funds will be available for future expenditures for infrastructure or other contingencies.

A: Board meetings are typically held monthly without notice.

A: You may contact the Board through their contact information on our website, or by calling, writing or e-mailing the Community Manager Elysia Bonner at Community Management Associates (Phone: 404-835-9255 /Fax: 404-835-9255 or email ebonner@cmacommunities.com)

A: Members of the Association are welcome to attend Board meetings to address specific issues/concerns. If you have a specific issue that you would like to have addressed, please contact our Community Manager

Elysia Bonner (Phone: 404-835-9255 /Fax: 404-835-9255 or email ebonner@cmacommunities.com), in advance of the meeting (preferably a week) so the topic may be put on the agenda.

ANNUAL MEETINGS

A: The Estates Bylaws specify that the annual meeting is to be held during the last quarter of the association’s fiscal year. In accordance with Article III, Section 1 of the covenants the Board may cause the annual meeting to be on such other date in any year as they determine to be in the best interests of the association.  At the annual meeting, reports of the affairs, finances and budget projections of the association shall me made to the owners.

 

A: Before the meeting, you will be sent a copy of the proposed budget for the coming year along with ballots for the election of Directors or other issues that may require the vote of the Membership.

A: Article III, Section 6 of our By-Laws provides that a quorum for a legal meeting shall be if 20% of the eligible voters are present in person or by proxy at the start of the meeting.

A: The Bylaws provide that notice of the Annual Meeting must be sent by first-class mail to all members no sooner than 50 days nor less than 10 days before the Annual Meeting. 

A: The Bylaws provide that no proxies are permitted; however, there is a provision for absentee ballots. For your absentee ballot to be counted it must be returned in the envelope provided with the mailing, and it must be received by the time of the Annual meeting.