Four Seasons POA
There are three features which make
ownership in the Communities of Four Seasons different from traditional forms
of home ownership. One is that you share ownership of common land and have
access to facilities, such as swimming pools, which often are not affordable
any other way. The second is that you automatically become a member of
the community association with all other homeowners, and as such, must abide by
association rules. The third feature is that you will pay an
“assessment”-a regular fee that is used to maintain the community’s assets and
to manage its day-to-day affairs.
Some of the advantages to living in a
homeowners’ association or property owners association (POA) are that if offers
a controlled environment of well-designed home and common areas (assured by
“restrictive covenants”) and an array of private recreational facilities
usually not affordable for single ownership. But this does not mean you
will never have to think about these things.
The community association operates and
maintains these shared facilities. Of course, you pay your share of the
expenses, and as an association member, you have a voice in the association’s
government.
Because your association is so
important to the community and your personal investment, it is vital that you
know about its purpose and operation.
What is a POA all about?
With the advent of specialized
communities - and idea whose time has come – comes the obvious question:
Who takes care of the private association’s property and who enforces its rules
and who manages its daily and long-term affairs? The developer sets the
stage, so to speak, but it is the residents who must, thereafter, govern their
community. The concept of an association of owners was born.
Our association is a private,
not-for-profit organization in which all property owners automatically become
members and have certain rights and obligations. The actual ownership of
the common areas, one turned over by the developer, will be in the name of the
association (Four Seasons Lakesites Property Owners Association). The obligations
of the POA members are contained in the Four Seasons Declaration of Restrictive
Covenants and the association’s by-laws. Although the by-laws are
predominantly for the operation of the not-for-profit corporation, the restrictive
covenants are essential reading for the well-informed association member.
Four Seasons’ POA and its governing
document were initiated in 1971 by the developer, Four Seasons Lakesites, Inc.,
when the community was founded and lots were offered for sale to the
public. For many years, the developer nurtured and guided the community
and now, as it winds down its sales and developmental role, will look to the association
and its six-member board of directors
to accept (by deed) the common property and the responsibility
of governing of the association.
Both the developer and the homeowners
operate the association with the help and advice of others. Skilled
advisors also play a vital role in association operation. Association
managers attend association meetings to lend assistance and guidance and are
generally responsible for the day-to-day management of the association’s
affairs.
What does the POA do?
The major responsibility of the
association is to protect the investment and enhance the value of the property
owned by the members. This is done by providing for the physical
maintenance and operation of the common facilities, such as landscaped grounds,
parking areas, private streets, swimming pools, and other recreational
facilities. Our association also provides common services such as
security, road maintenance, wastewater management, financial management,
accounting and administrative services.
A community association operates as a
government, a community and as a business, making it a truly specialized type
of organization. The association has other responsibilities too, such as
enforcing the rules, regulations and architectural guidelines, as well as
planning recreational programs, and setting up an effective communication
system among members.
How does the POA work?
The association is administered by a
board of directors through its managing agent. Our board was originally
appointed by he developer and is self-perpetuating, with the exception of one
elected member. Once the developer turns control over to the POA, all
board members will be elected by the membership. The board is also
assisted in its duties by committees made up of association members.
Typically, there are committees for finance, activities, architectural control,
and certain maintenance projects.
Each home owner should become involved
in the association in some manner. Involvement for you may mean that you
pay your assessment on time, cooperate with the association, and participate
where you will be most effective. Management will always welcome your
suggestions and comments.
An important thing to remember about a
community association is that it is a business. To be successful,
it must be operated like one and have good financial management. This
includes establishing sound financial and record keeping practices,
establishing practical budgets and assessments, and collecting assessments from
all members.
Speaking of assessments…
It is your money that the association
is spending day-in and day-out, so you need to know whether a sound budget is
in place. The budget must allow for maintenance of the common facilities,
provide for special and routine services and a reserve for future
expenditures. The association’s expenses will increase from time to time,
based on many factors – inflation (cost of living increase), taxes, insurance,
cost of goods and increased service needs.
Increasing the assessment unnecessarily
should be avoided because it may lead to collection problems. One of the
most serious association financial concerns is the failure on the part of the
association to collect assessments. When some residents fail to pay their
assessment, the association may be forced to cut back on its services to
continue operating. Perhaps the swimming pool will not open as early this
year, or exterior maintenance will be put off. Residents become unhappy,
and more “For Sale” signs and/or ads start to appear. This ultimately
affects property values. This extreme is easily avoided by an involved
board, managerial guidance and the development of a sound operational budget.
The budget process
The process of developing the Four
Seasons POA budget is very detailed and exacting. Each department manager
from the management company, U.S. Resort Management, Inc., meets with the POA
board’s budget committee. They start with a “zero based budget” and then
describe each service and the cost of man-hours required to satisfactorily meet
the needs of their department, without compromising quality or the delivery
time of the service. Once satisfied with the manager’s answers and
support data, this aspect of the budget is adopted. Management fees and a
healthy reserve for future expenses are added and, finally, the total operating
expenses are divided among the members. Simple
sounding? Yes, but as we say – a very exacting, time consuming and
detailed process.
Restrictive covenants: our rules
and regulations
When any group of people shares
property and living conditions, rules must be established. These rules,
and the enforcement of them, are essential to preserving property values in the
community. Four Seasons Declaration of Restrictive Covenants details each
owner’s property rights and the conditions of use of the property, as well as
the owners’ rights and obligations in the association.
The “restrictive covenants” are
important rules in our day-to-day living. They are designed to make the
sharing of property convenient and fair for all involved and they cover both
use of common property and use of individual residential properties.
No matter how well intentioned the
rules are, someone will break them. Here’s an example. Our
association has a rule that dogs must be on a leash or under voice control at
all times. The reasons for the rule are obvious to you, but maybe not to
your new neighbor. He knows about the rule, but does not take it seriously
and routinely lets his dogs roam through the neighborhood. Other dog
owners see the dogs running free and begin to let their dogs out. Soon,
the rule is broken more often than it is kept and problems begin. The
association must act quickly and firmly in cases like this. The
association has the power of enforcement and must use it to be effective.
Without proper enforcement, community rules mean little.
Usually, a friendly word or simple
written notice from the manager will be enough to correct the problem.
But with particularly stubborn violators, the association board can take more
drastic measures, such as suspending violators from use of recreational areas
or imposing fines. But this only works if rules are enforced fairly and
consistently. As a last resort, the POA can take legal action. Our
POA has always taken every effort to avoid going to court since it is costly
and can create much ill-will.
Architectural control
Most community associations provide for
architectural control. These building guidelines and their enforcement
are not set up to stifle individual creativity, but rather to ensure the
integrity and harmony of the original community design. You can paint the
inside of your home purple if you wish. It is only the exterior of your
house that is of concern to the association.
Common problems with architectural
control involve issues such as fences, paint colors, and tree removal. Four Seasons POA has an Architectural Control Committee
(ACC) which develops and distributes architectural guidelines; reviews and
approves all submitted plans; and enforces architectural standards. It is
important that you are familiar with these controls and always work with the
ACC when making any exterior changes to your property.
Communication
Communication within the association is
vital. The association cannot expect you to be interested in association
activities if you do not know about them. Person-to-person contact is
always a nice way to introduce a new resident to our community. A
“welcome packet” of useful information is available at our POA office (U.S.
Resort Management) and presented to a new owner to help them learn the ropes of
association life. The association’s social functions are another form of
communication. This bi-monthly newsletter (The Association Press)
and meetings are still other forms. And, in keeping up with the ages, we
have created these “web pages” containing Four Seasons POA information.
Complaints
No type of communications program is
complete without a method for airing disputes and grievances. Property
owners become very frustrated if there is no way to bring their problems to the
attention of the association. If Security has not noticed a violation, an
owner is free to call the association office to report a personal problem or a
rule violation. To prevent “unpleasantries”
between neighbors, these reports will remain anonymous. The POA staff
will follow through and notify the reporting party of the final resolution.
Management
Smooth and efficient management means
less worry for property owners and ensures that property values will be
maintained. U.S. Resort Management, Inc., managing agent for the Four
Seasons Lakesites POA, has the following
responsibilities to the association:
Although the management operation is a
full-time business, all functions – philosophy, budgeting, rule enactment and
enforcement, maintenance schedules, and more – are all overseen and evaluated
by an active board of directors. Such is the safeguard to ensure the
efficient and careful use of your assessment and its resultant effect on
owners’ property values. Such attention to its affairs not only
establishes a sound fiscal policy for the association but perhaps, more
importantly ensures the well-being and personal satisfaction of its residents.
In Summary
Hopefully this article has given you a
better understanding of your association (POA) and how it operates. Four
Seasons is a wonderful community, growing in stature and size on a daily
basis. A well functioning association with an interested, enthusiastic
membership is, and will be, key to our community’s continued success. As
always, should you have questions or concerns about your association, please
call, write or come by our management offices, as shown else ware in this web
site.