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Their Duty's and Powers
Enforcing the CC&R's, By-laws and Builder Guidelines (Architectural) for the ownership and management of the community. Delegating the boards powers to committees, officers or employees of the association authorized by their governing documents. The formulation of community rules of operation for the facilities and common areas. When goods and services i.e. Property Managements, landscape maintenance, common area repairs, association insurance, etc. are required in the community, they contract out needed vendors services. Enforcing disciplinary proceedings, when a community member is in violation of the association rules. Prepares the associations budget and financial statements. Pays taxes and assessments that are or may become a lien on the common area.
The best definition of a Homeowners Association (HOA) is reference in the Wikipedia Encyclopedia, " Some scholars and the AARP charge that in a variety of ways HOA's suppress the rights of their residents. Due to their nature as a non-governmental entity, HOA Board of Directors are not bound by constitutional restrictions as on governments, although they are essentially a de facto level of government"
Homeowners Advocate Group believes the HOA concept is good for communities and their residents. It's really not the HOA governing regulations homeowners have problems with, the problem lies with the Board of Directors and their elected subcommittee members. The Boards have a fiduciary responsibility duty to govern in good faith and act on behalf of the homeowners, but rarely do so.
In a more simplistic definition, the majority govern not by the HOA's governing regulations i.e. By-Laws, CC&R's or the Architectural Guidelines... but by their ideologies and personal taste. At times they have a deliberate condescending attitude and have a self-absorbed belief they are the community landlords, in other words, literally handcuffing homeowners rights by taking away their individuality.
"Power does not corrupt men; fools however,
if they get into a position of power, corrupt power."
by George Bernard Shaw
By all means, we are not concluding that all members within the boards and subcommittee's govern like this, just the majority, the rest are mostly followers. There's usually one "Alpha Dog" who becomes president and herds the remaining members like sheep.
We would like to acknowledge the members of the boards and subcommittee's, who are the minority actually trying to govern correctly. They are greatly appreciated , as it's really a thankless job. They sacrifice their personal time off with their families to help maintain the community value.