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We've compiled a list of some Frequently Asked Questions below. If you can't find the question/answer you are looking for on this page, select Search - we'll search the entire site for you. If you'd like to ask your own question, click Ask Question and we'll get back to you with an answer.
Q: What is a homeowner's association?
A: It is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&R's, Bylaws, and Articles of Incorporation. The governing legal documents for the association may be viewed online within the Resource Center page of this site. The corporation is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.
You may ask what led to the development of Community Associations like LBCA?
Planned Communities unfolded at the turn of the century as America struggled to control both urban growth and sub urbanization by emphasizing carefully designed development practices, supported by municipal laws and private covenants, that would maximize profit for both the builder and the homeowner. Some people call community associations the most representative and responsive form of democracy found in America today. Lake Braddock Community Association, homeowners freely elect neighbors to serve on the Board of Directors of the community. And, numerous other owners or residents, serve on committees or help with special tasks as they arise. Other professionals assist in the operation of the Association, such as managers, attorneys and accountants, but the Board of Directors and volunteers from the community associations are clearly in charge of the operation and governance of their associations. The Board of Directors and Volunteers are unpaid members, who devote their personal time to managing the affairs of their community.
Q: What are the CC&R'S?
A: The Covenants, Conditions and Restrictions (CC&R's) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&R's were recorded by the County recorder's office of the County in which the property is located and are included in the title to your property. Failure to abide by the CC&R's may result in a fine to a homeowner by the Association. The governing legal documents for the association may be viewed online within the Resource Center page of this site.
Q: What are the Bylaws?
A: The Bylaws are the guidelines for the operation of the non-profit corporation. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business. The Bylaws for the association may be viewed online within the Resource Center page of this site.
Q: What is the Board of Directors?
A: The Homeowner's Association again is a corporation and therefore a governing body that is required to oversee its business. The Board of Directors is elected by the homeowners, or as otherwise specified in the bylaws. The limitation and restrictions of the powers of the Board of Directors is outlined in the Association governing documents found within the Resource Center page of this site.
Q: Are there any other rules?
A: Most associations have developed Rules and Regulations as provided for in the CC&R's and adopted by the Board of Directors. Rules are established to provide direction to the homeowners for common courtesies with regard to parking, vehicles, pets and pool use hours, etc. In addition, your Association will adopt Architectural Guidelines with procedures for submitting requests to make exterior changes to your home. Such changes may include patio covers, decks, landscaping, exterior color changes or extensive interior changes and additions. These rules and guidelines are set up to maintain the aesthetic value and integrity of the community on behalf of all owners, and hopefully protect the market value of your investment as well. Violations of these rules may result in action by the Board of Directors and a fine. In addition, if you proceed with an exterior improvement or change, without written approval of the Board of Directors, or Architectural Committee, as applicable, you will be required to remove or correct the alteration and/or be fined for the violation. For more information about this topic visit the Resource Center page of this site.
Q: If I am having a problem with a neighbor for a violation of the Policies and Guidelines, what can I do?
A: If residents cannot resolve a situation between themselves, then turn to your Association. Should you have a situation that does not appear to be resolved through neighborly means, and you are willing to actively participate in the enforcement provided by the Policies and Guidelines, you may complete a Covenant Violation form online. The Violation form may be found within the Management Office page on this site. If the situation is deemed in violation of the Policies and Guidelines, the Board of Directors will institute the enforcement policy. Your continued assistance may be required.
Q: Are Board Meetings open to all residents? If so, where and when are they held?
A: Yes. Notice of the time and place of any regular board meeting will be noted in the community newsletter, or accesed online on the Calendar page. The Lake Braddock Board meetings are held on the second Wednesday of each month at 7:00 PM at the Ashbourne Community Center. Coffee and refreshments are usually served. The Annual meeting is held in October of each year.
Q: If I want to serve on a committee, how do I find out what committees are active and how I can get involved?
A: The Contact Us page of this website will inform you of the status of current committees organized and committee contact information. If you are interested in volunteering, please contact the committee chair or fill out the online volunteer form found on the Management Office page of this site.
Q: What is my assessment?
A:You may ask why you are required to pay an assessment and where does that money go? Did you know that “Community Association” is a term used to describe residential developments, like Lake Braddock Community Association, in which each owner is bound to the Association by a set of governing documents that require adherence to a set of rules and the payment of assessments. Membership is automatic when a home is purchased. The Governing Documents that are provided at the time of purchase provides and explanation of your responsibilities as a member. Community Associations are not voluntary organizations. A person has individual ownership of their home and the corporation, i.e., Lake Braddock Community Association, Inc. has title to the common areas. The money collected in assessments is used for the operation of the association for items such as grounds maintenance, insurance, management/bookkeeping, legal fees, audits and taxes. A large percentage of the income goes into a savings account known as a Replacement Reserve Fund which is used to replace common assets, such as the Community Center and Pools, Tennis Courts and parking lots and even the Lake, that deteriorate over time. All of the money is not being spent as it is collected, but is there so that when the expense is incurred, a special assessment is not needed. Keeping the Association in repair, makes the property desirable and keeps property values from declining.
The Lake Braddock annual assessment is due on the first day of each year. However, the Association allows the assessment to be paid in bimonthly payments. Failure to pay the bimonthly assessments on time could result in acceleration of the full amount. Failure to receive an invoice is not a valid reason for not making payments on time.
Management mails bimonthly invoices to homeowner’s address of record. Assessments are due before the end of the month in which they are assessed. If you have changed your mailing address, please update it with the office. If for some reason you are not receiving an invoice, please contact the office. Late payments contribute to the need to raise assessments from time to time. All owners need to pay their assessment fees on time each month.
Q: How is the amount of my assessment determined?
A:The Department of Real Estate typically requires an initial budget from the developer for each community that a developer proposes to build. This budget is set upon specific guidelines for utilities, landscaping, administration, etc. Reserve funds are monies set aside for future expenses due to the life expectancy of certain items: lighting, street resurfacing, pool equipment, etc. These amounts are then divided by the number of units built in a given phase of the development. Subsequent budgets are developed by the Board of Directors and adjusted periodically to meet anticipated expenses.
Q: Will my assessment go up?
A:There is no concrete answer to this. The Board of Directors may approve an increased budget, increasing your assessment up to a documented percentage (see Governing Documents in the Resource Center) in order to cover increased costs of operating and maintaining the common area and sufficient reserve funds.
Q: What happens if I don't pay my assessment?
A:The maintenance and management services incurred by the Association are dependent upon timely receipt of the assessments due from each homeowner. Late payments will result in a late charge as assessments are due on the first of the month. In addition, the CC&R's allows the Association to charge late charges and interest and proceed with a lien on your property, or foreclosure proceeding for nonpayment of assessments. The Lake Braddock collections policy, Resolution 148, allows the Board of Directors to send accounts with balances over 45 days to our collection agency. Please be advised that any collection costs to the association are passed on to you, the homeowner. The Board may also choose to suspend membership privileges, such as voting privileges, parking on any common areas including any assigned spaces, (If this privilege is suspended, vehicles belonging to you, your guests, or any tenants, will be towed from your assigned parking spaces, and any parking space or parking area, within the community at your expense and without notice), use of pools and tennis facilities, use of the community center and the use of tot lots, paths and trails and lake and pond
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