Notes
Slide Show
Outline
1
Overview of Homeowner and Condominium Associations
  • According to the Community Associations Institute Research Foundation, 75% of association homeowners are very or extremely satisfied with their community.
  • In 2004, there will be an estimated 260,000 associations in the United States.
  • According to HOA-NC.com there are over 12,000 associations in North Carolina.
2
Characteristics of Associations Owners
  • Pay assessments
  • Are mandatory members
  • Have to comply with restrictions
  • Share an interest with the other owners in common areas
3
Types of Associations
  • Cooperative
  • Condominium
  • Townhome,Patio,Garden
  • Master Association
  • Planned Community
4
Planned Community
  • The association owns the common area
  • Owners have a shared interest in the association
  • Owners also own a lot or house
5
Condominium
  • The individual owns a unit
  • The owners, not the association, jointly own the common area
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Townhome, Patio, Garden
  • These are marketing, not legal terms
  • You have to read the association legal documents to determine whether you live in a condominium, cooperative, planned community, or master association


7
Master Association
  • A master association is a combination of two or more of the common-interest communities previously listed
  • The owner is a member of their own sub-association and a member of the master association
  • The master association often owns common area that is different from the common area owned by the sub-associations
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Most Associations Have To…
  • Enforce Rules
9
And
  • Give or deny Architectural Approval for exterior changes
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And
  • Maintain Common Area


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North Carolina State Laws that
Govern Condominiums
  • Chapter 47C-The Condominium Act or
  • Chapter 47A-The Unit Ownership Act and
  • Chapter 55A-Nonprofit Corporation Act
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North Carolina State Laws that
Govern Homeowner Associations
  • The Planned Community Act
  • The Nonprofit Corporation Act
13
The Four Types of Insurance Every Association Needs
  • General Liability
  • Worker’s Compensation
  • Directors and Officers Liability
  • Fidelity Bond
  • Property Damage
14
Fiduciary Responsibility
Board of Directors
  • Board members are legally responsible for the finances of the association
  • If the Board doesn’t understand the association’s financial problems it is breaching its duty of ordinary care
  • Board is obligated to maintain or improve property values.


15
Role of President
  • Presides at meetings
  • The association representative
  • Sets meeting agenda


16
Role of Treasurer
  • Either does or insures that the following is done:
    • Develops budget
    • Maintains records of financial transitions
    • Receives, safeguards, and disburses funds
    • Prepares financial reports
    • Files State and Federal tax returns
17
Role of Manager
  • Has fiduciary responsibility to the association-not to the Board
  • Implements Board policy
  • Collects and deposits dues
  • Provides financial records
  • Supervises contractors such as landscapers and attorneys
  • Receives complaints, requests, or questions from members
  • Assist board in enforcing published Rules and Regulations
  • Participates in preparation of the budget
  • Inspects the property
18
Role of Auditor
  • Provide independent opinion of accuracy of financial statements.
  • Audit usually mandated by State Law (Unit Ownership Act) or by association’s legal documents
  • Audit is different from Review or Compilation
19
Accounting Methods Used for Reports
  • Cash Basis
    • Records income when it is collected and expenses when they are paid
  • Accrual Basis
    • Records income when it is earned(or assessed to owners) and expenses when they are incurred or acquired
  • Modified Accrual
    • Records income and expenses on a cash basis with selected items recorded on an accrual basis
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Types of Financial Statements
  • Income Statement
    • Records the financial transitions during a given period of time (generally for a month, quarter , or year)
  • Balance Sheet
    • Summary of a association’s financial position at a specific point in time.  It show the assets, liabilities, and members’ equity
  • Delinquency Report
    • Who owes the association money and the collection action being taken
  • Cash Disbursement Report
    • Who the association has paid money to