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Vanguard Management Group - Homeowner’s Association Management FAQs

Welcome to Vanguard Management Group's FAQ page, where we strive to answer all your queries about our services. With over 30 years of community management experience, we take pride in providing our clients with best practices for maintaining properties, buildings, grounds, recreation facilities, and more.

General
Self Managed

What is a "management company," what do they do, and how do I reach them?

A management company is hired by the Board of Directors to handle important tasks such as collecting assessments, supervising subcontractors, and obtaining bids for services. They're also responsible for providing financial statements and collection reports, acting as a general clearing house for problem-solving, and serving as an advisor to the Board of Directors. Essentially, they're the go-to for anything that needs attention within the community. The management company works closely with the Board of Directors and reports directly to them. All decisions are made by a majority vote of the Board. If you are interested in reaching Vanguard Management Group, all of our contact information is available on our website.

What is a homeowner's association?

Let's dive into the inner workings of a homeowners association! This non-profit corporation is registered with the state and managed by a Board of Directors, who are elected by the community. The association's primary goal is to maintain all common areas and ensure the community is governed according to the legal documents, which include CC&Rs, Bylaws, and Articles of Incorporation. To keep everything running smoothly, all members of the homeowners association financially support the corporation. Membership is both automatic and mandatory, meaning everyone in the community is part of the association. This structure allows for effective management of the community's common areas and ensures everyone's needs are met. It also provides a sense of community and allows for collective decision-making on important matters. If you have any questions about your homeowner's association or its governing documents, don't hesitate to reach out to your Board of Directors. They're there to help you navigate the ins and outs of the association and maintain a happy, healthy community.

What is a condominium?

If you're considering buying a condominium, it's essential to understand what it is and how it operates. Simply put, a condominium is a form of common interest ownership. As the owner of a condo, you typically have a fee simple interest in your unit, which you alone own. However, you also have a common interest in all other areas of the community, such as roofs, exterior walls, gates, roadways, and recreation areas. In Florida, condominiums are typically structured as a legal entity, often a corporation, that is governed by Florida Statute 718. This statute is the primary authority for governing your community. However, other important documents include the Declaration of Condominium, the Articles of Incorporation, the By-laws, and possible rules. As a new owner, it's essential to receive these documents from the previous owner or developer at the time of closing. They contain critical information about how the condominium is managed, what rules and regulations are in place, and what your rights and responsibilities are as an owner. By understanding how a condominium operates, you can make informed decisions about whether it's the right choice for you. And if you do decide to buy, you'll be well-equipped to navigate the ins and outs of condo living.

What is a master association?

A master association is like the superhero of community associations - responsible for overseeing and managing the common areas and amenities that are shared by multiple condominium or homeowner associations. These areas might include fitness centers, playgrounds, or even scenic walking trails. So, how does a master association fund these shared amenities? They can either receive direct payments from all owners in a master community through a coupon system, or they can collect funding from each individual association. By working together with individual associations, a master association helps ensure that shared spaces are well-maintained and accessible to all members of the community. So, the next time you enjoy a game of pick-up basketball or take a dip in the community pool, you can thank your local master association for keeping these spaces in top shape!

What are the CC&Rs?

If you're living in a planned community, you're likely to have heard of the Covenants, Conditions, and Restrictions (CC&Rs). These documents are the backbone of your community's legal structure, governing everything from maintenance to architectural guidelines. As a non-profit corporation, your community operates based on the CC&Rs. The good news is that the CC&Rs are legally binding and enforceable. They were recorded by the County recorder's office and are included in the title to your property. So, it's crucial to understand and abide by them to avoid any legal trouble. Failure to comply with the CC&Rs may result in a fine to a homeowner by the Association. So, take some time to read and understand your CC&Rs. They're an essential tool to ensure that everyone in your community is on the same page when it comes to maintaining a beautiful and functional neighborhood.

What are the Bylaws?

Imagine running a non-profit corporation without any guidelines or structure in place. Chaos would surely ensue! That's why the Bylaws are such an important document. They serve as the blueprint for how the organization should operate, outlining the roles and responsibilities of the Board of Directors, the terms of their service, and the voting rights of the members. But it's not just about the technicalities of governance. The Bylaws also establish the foundation for how the organization functions as a business. They dictate when meetings must take place, how notices should be given, and even where the principal office of the association should be located. In short, the Bylaws cover all the nitty-gritty details that are necessary for keeping a non-profit running smoothly. So next time you come across the Bylaws, remember that they are not just a dry document full of legal jargon. They are the backbone of your organization, providing the framework for everything you do.

What is the Board of Directors?

Did you know that your Homeowner's Association is actually a corporation? As such, it requires a governing body to oversee its business affairs, and that's where the Board of Directors comes in. This board is made up of homeowners like yourself who are elected to the position by the community or as specified in the bylaws. Their powers and limitations are clearly outlined in the Association's governing documents, which ensure that they act in the best interests of the community they represent. So, the next time you attend an HOA meeting or hear about the Board of Directors, remember that they are there to serve and protect your community.

Are there any other rules?

As a homeowner in an association, you're probably aware of the Rules and Regulations set in place to ensure everyone can enjoy their property peacefully. However, these rules are more than just common courtesies. They're designed to protect the integrity and market value of your investment. Your association has established guidelines for parking, pet ownership, pool use hours, and more. Additionally, there are architectural guidelines that dictate the process for making exterior changes to your home. These changes can range from minor alterations, like adding a patio cover or changing exterior colors, to more extensive renovations. The purpose of these guidelines is to maintain the aesthetic value of the community for all homeowners. That's why it's crucial to seek written approval from the Board of Directors or Architectural Committee before making any changes to your property's exterior. Failure to do so could result in fines or even corrective action, where the unapproved change will need to be removed or corrected. By following these guidelines, you're not only respecting your community and neighbors but also protecting your investment. Your association has your best interest in mind, and its rules are designed to ensure your home remains a beautiful and valuable asset for years to come.

If I am having a problem with a neighbor for a violation of the Policies and Guidelines, what can I do?

If you've tried to resolve the issue with your neighbors but have had no success, you can turn to your Association for assistance. All you have to do is fill out a violation report form and send it to our Association's manager. But wait, there's more! If you're willing to actively participate in the enforcement provided by the Policies and Guidelines, the Board of Directors will institute the enforcement policy. Your continued assistance may be required, so please keep that in mind. To understand the process of reporting a violation and your required participation, just follow this link (coming soon). And if you're ready to report a violation, go ahead and click on this Enforcement Request link (coming soon). Let's work together to make sure everyone in the community is happy and comfortable!

Are Board Meetings open to all residents? If so, where and when are they held?

Great question! If you're a resident of the community and interested in attending board meetings, you're in luck! The meetings are open to all residents. To find out when and where these meetings are held, keep an eye out for the community newsletter which will include the time and location. Alternatively, you can check the Calendar page online for updates. Being informed and participating in these meetings can be a great way to stay connected with the community and have a say in important decisions. So mark your calendars and get ready to participate!

If I want to serve on a committee, how do I find out what committees are active and how I can get involved?

Are you eager to get involved in your community and make a difference? Serving on a committee is a great way to do just that! But how do you find out which committees are active and how to get involved? Well, the good news is that it's easier than you might think! The first step is to visit the Important Numbers page on the website. Here, you'll find all the information you need about current committees, including their status and contact information. If you're excited to volunteer your time and skills, simply click the link to the form provided. This will allow you to express your interest in serving on a committee and take the first step toward making a positive impact in your community. So why wait? Join a committee today and start making a difference!

What is my assessment?

Are you a homeowner wondering about the fees you pay for the upkeep of common areas in your residential community? Let me give you a rundown! Assessments are the quarterly payments made by each homeowner to ensure the proper maintenance of shared facilities and create a reserve fund for future repairs. This way, your community can continue to look beautiful and function smoothly for years to come. To make it easy for you to remember, your assessments are due on the first day of each month. Don't worry if you forget, though. You'll receive a statement as a friendly reminder of the amount due. Investing in your community through assessments is a great way to ensure that everyone benefits from well-maintained facilities and that you can enjoy a comfortable, attractive living environment.

How is the amount of my assessment determined?

Have you ever wondered how the amount of your assessment is determined? Well, the process starts with the developer proposing to build a community, and the Department of Real Estate steps in to review their budget for the project. The budget includes everything from utilities to landscaping to administration costs, and even reserve funds for future expenses. But what exactly are reserve funds, you might ask? They are essentially monies set aside to cover future expenses related to certain items that have a limited lifespan, such as street resurfacing or pool equipment. Once the budget is finalized, it's divided by the number of units in the development phase. And as time goes on, the Board of Directors takes over and creates subsequent budgets. So there you have it, a brief overview of how the amount of your assessment is determined.

Will my assessment go up?

Are you curious about whether your assessment fee will increase? While there's no clear-cut answer, I can offer some insights! Generally, the Civil Code allows for annual assessment increases, but they cannot exceed 20 percent without a membership vote. However, if the Board of Directors approves a higher budget to cover increased expenses for maintaining the common area and creating ample reserve funds, your assessment may increase up to that 20 percent cap. Keeping an eye on your community's financial management can help you anticipate potential changes to your assessment fee.

What happens if I don't pay my assessment?

If you don't pay your assessments on time, you may be charged a late fee by the homeowner's association (HOA). The specific amount of the late fee and the timeline for when it is assessed will depend on the governing documents of your particular HOA. If you continue to fail to pay your assessments, the HOA may initiate legal action against you, which could include placing a lien on your property or even initiating a foreclosure proceeding. Once a matter is turned over to an attorney, the legal process will follow specific steps as outlined in the governing documents and state laws. It's important to note that failure to pay your assessments not only affects you but also can impact the ability of the HOA to provide essential services to the community. Therefore, it's essential to communicate with the HOA and work out a payment plan if you are experiencing financial difficulties.

Is this website stating the gospel?

Are you wondering if the information presented on this website is the gospel truth? Well, we want you to know that our management team has done their due diligence in ensuring that the information provided is factual and accurate to the best of their ability. However, we still recommend that you seek legal counsel and review all contracts and documents before making any consequential decisions. We believe that being diligent in your research and decision-making process is essential, and we want to empower you with the necessary tools to make informed choices. So, take your time, do your research, and make the best decisions for yourself!

We have a limited budget; can we afford the services you provide?

Our services are less expensive than other management companies because your volunteers are doing for free what other communities pay a manager. Furthermore, we allow you to choose from our services to stay within your budget.

We do not want a management company running every aspect of our association; do we have to subscribe to all of your services?

No, our solutions and services can be tailored to provide the level of services that you need today with the flexibility of adding or removing services as your needs change.

If we are or become self-managed, does that mean we have to stay self-managed?

No, we recognize that there may be times when a community finds itself without volunteers. We are ready to step in and provide the support that your community needs. Our solutions and services can be tailored to provide the level of services that you need today with the flexibility of adding or removing services as your needs change.

Why do we need a management company if we choose to self-manage?

Who will prepare the budgets and monthly financial reports, or sign off on resale documents for prospective buyers? Who will act as a monthly-fee debt collector? Who will keep the association files and ensure they are up-to-date and accessible? Who knows what the appropriate insurance coverage is for the association and how new state laws will affect the covenants governing the community?

There are numerous aspects to running an association that requires much attention. It can be a full-time job keeping up with all of the tasks required of the board. An experienced management company can take care of these tasks providing the board with valuable time to attend to community matters.

Can we save money by self-managing our community?

Yes, by utilizing volunteers in your community to handle violation enforcement, architectural requests, and work orders you can typically cut your management expenses by up to half.

Can volunteers share duties?

Certainly, one may be responsible for keeping up with architectural requests. Another is for handling the violation process. Repairs, bidding, and projects could be handled by a committee.

Do we have to buy software to run your self-managed programs?

No, all you need is a computer with high-speed internet access to use our service.

Are the web-based self-management applications difficult to use?

They are very easy to use, if you can navigate a webpage on the internet, then you can use our applications. Also, we provide both written and instructor-led training to your board.

How do we know if self-management will work for us?

Self-management will only work if you have volunteers that: Have and take the time to provide consistent services. Are fair and objective Take the time to understand what their functions are. Are accountable in keeping deadlines.

We have been self-managed and affairs are a mess. Where do we begin?

Our review of your collections policies and delinquency status comes first. Recommendations are offered both as to policy and counsel as needed. We will review your docs with respect to enforcement and architectural requests. After our assessment, we will provide you with recommendations and processes. Recommendations are just that. The Board is the boss. Once you decide how you want your community run, we handle the setup, schedule your training and provide you with all of the tools you need. We will even prepare letters to the owners so that they have all that they need to know.

If we become self managed how will we keep up with changes to the law?

When a change occurs, Vanguard will email one or more summaries of those changes to all Board Members. Most of the changes to the statutes typically affect the accounting, administrative and collections services for which Vanguard is responsible.

Is there a fee for these updates and what if I do not understand them?

There is no fee for the information. However if your board requires the time of a professional to understand them, expect a fee. You may schedule a meeting with association counsel or schedule some time with our support staff. We can address your entire Board in person or conference call. Furthermore, there is typically a good deal of information available on line that will help clarification. We and other industry specialists also hold free seminars on such matters.

If we become a self-managed association, will we have to handle our own accounting?

No, we provide coupons and direct debit to process payments to your bank daily. We send out violation notices based on your community's collection policy. We keep you legal, keep your insurance active, and stay on top of your state and federal reports and filings. To ensure continuity to your association our self-managed solution includes all of your day-to-day accounting and assessment collection needs.

If Vanguard will do our accounting and collections, can't we just use QuickBooks?

Of course, you could track repairs in QuickBooks, but the program is complicated. However, what software would you use to track violations and architectural requests? Will you start a website too? With our solution, anyone in your community can logon to check their payment history or architectural request and/or reply to a violation letter.

Who do we turn to if we need advice or guidance using your self-management system?

The system is very easy to follow. Your volunteers are provided with a very detailed manual with many screen shots making it an easy read. Furthermore, training is provided online and regularly. Custom training is also available.

How are our owners allowed to pay?

Typically we issue coupons. Direct-debit, credit card, and e-check are acceptable. There is a fee paid by those who choose to pay by credit card and e-check.

We have had full service with Vanguard for years. Why have you never offered us the option of self-management before?

In a perfect world, full-service management is a community's best form of protection and will typically provide better service. However, changes to our economy have had a significant effect on many communities. Furthermore, there have been advances in technology that now make such a service possible. Three years ago this was not an option. Finally, unemployment has provided many communities with qualified volunteers. Our self-management solution offers any community the opportunity to achieve a level of service comparable to that offered by full-service management.

Can we keep our current bank account?

Yes, you may keep your current bank account. However, your bank does not have the software to integrate your daily deposits into our accounting system. An account will be needed for this purpose. You will likely be pleasantly surprised at some of the banking benefits that we are able to offer you.

How do we become self-managed?

Contact us to schedule an appointment to learn more!

Our documents call for a 50% quorum to hold our membership meeting. However, the board held the meeting anyway even though we did not have 50%. They claimed that they were allowed to do so because of Florida statute 720 overrode our docs. Can you please explain as I did not understand their explanation.

The answer is “it depends” on what kind of business your association was conducting. The 50% or whatever quorum called for in your docs for a meeting of the members is necessary for association business other than elections. For example, amending the bylaws would require the association to meet the quorum requirements of their documents. However, most associations have very little business to come before the members and their annual meeting is primarily for the purpose of an election or introduction of the new board members. If you had business other than the election or filling of board positions, then you are correct in stating that the quorum per association documents, 50%, should have been followed. However, if there was no business other than the election or appointment for the introduction of the new board, then Florida statute 720 allows a 30% quorum for homeowner associations and a 20% quorum for condominiums.

My attorney is recommending that we foreclose against a couple of homes that owners have abandoned. It may cost us as much as $1500 per home to do that. How will the association benefit?

The association will benefit if the board is amenable to leasing out the home once they take title to the home. In case you don’t know, the association will be able to take possession of the home and use it to lease out until the lender forecloses against the association.

We have been given the choice of foreclosing against a home or just keeping our lien on it. What considerations should we be giving to the matter.

First, ask your attorney if the bank/lender has begun a foreclosure process also. If the bank has, ask him to look into how long their FC has been in effect. If the association puts out the money for the foreclosure process and the bank takes title to the property first, you will lose the funds you advanced as well as most of your past-due assessments. However, if the bank/lender has not started a foreclosure, and you are able to expedite yours, the association will benefit if the board is amenable to leasing out once you take title to it.

What is involved if I want to rent a property that we recently foreclosed against?

Actually, very little. First, you have to draft some sort of leaves which will protect my association. You’ll probably want your attorney to look at it unless you have an attorney on the board.

Does our association need to get insurance for a foreclosed home that we intend to lease out?

It is probably a prudent thing to do. The board has a fiduciary duty to act wisely with the resources of others. Association funds are certainly a resource. So, the conservative thing to do is to protect the assets of the association and the proper insurance will do that.

Our association has recently taken title to a foreclosed home. Can we sell it?

You can attempt to sell the property, but your success will depend upon a clear title. If there is no mortgage holder, it may have a clear title and will be easier to sell. If there is a mortgage on the property, then the lender will eventually come for it and this makes attempting to purchase it impractical. However, you do have possession of the property, and if it is inhabitable, you can lease it and your association keeps the proceeds until such time that the lender forecloses against you.

If I am renting our association foreclosed home, what happens when a bank forecloses against us?

The association will receive a notice well in advance of the upcoming court date that the bank foreclosure will take place. Assuming that the FC goes through on that date, the tenant will have approximately 90 days to vacate the property. This may vary from state to state, and there may be legal notifications or actions required. The easiest approach to leasing association property is to find a good leasing agent. They’ll provide the application, screen, show the property, get you the best dollar, and will know your rights with regard to tenancy and termination of lease. Their commission is small compared to the amount of service and convenience that they provide.

Our board understands that the law has changed and even though our documents do not give us the authority to fine, and now, with the change of the law, we can now do so. What is the advantage of fining and what advice can you give us?

First, you will have to find three people other than board members, the manager, and board spouses to serve on the fining committee. If you get that far, next, you will need to or should do, depending upon state statute, would be for the board to announce their intention to fine to the members in writing, hold a board meeting to approve the action, and appoint a committee. At that time, it would be a great idea to go over the rule rules that the association intends to enforce and stress to the membership that, the purpose of a fine is to encourage compliance with association rules and covenants.

We have just created a new finding committee. The board cannot agree on how much to fine people. Some board members want different levels of fines depending on the severity of the infraction. We understand that per Florida statute, we can find more. What do you suggest?

First, let’s take a look at the purpose of the fine. It isn’t to generate revenue as much as it is to encourage compliance with the covenants. Having said that, it surely makes sense to consider the amount of the fine. $10 a day might motivate some folks to take action, however, I have never heard of an association charging this low of a fine. Whatever the fine board agrees on, will require the time and energy of the fining committee to assess and monitor. It will be up to the committee to document the period of noncompliance, say with date-stamped pictures of the violation. At $10 a day, the committee would be very busy for 100 days because $1000 is the maximum amount of fine for anyone's offense.

What about different amounts of fines depending on the severity of noncompliance?

This process makes it difficult for the volunteers. Not only will they have to track the time that the violation is in non-compliance, but the rule is complicated in that they will also have to compute various fines. Furthermore, it could get very confusing if the levels are too detailed and there are gray areas.

What amount do you recommend for assessing fines?

We recommend a minimum amount of $50 per day per violation, but typically, I recommend the allowable legal limit of $100 per day. Bare in mind that you want to shock someone into compliance and get results quickly. By the time they get served with a fine, they have had at least two lettters and a month, ample opportunity, to either cure the problem or request an extension of time from the board. Bear in mind that the committee can always waive some or all portions of a fine once compliance is achieved.

We have recently turned over from the developer. There is a lot of language pertaining to the developer in our bylaws, articles, and such. How do we go about changing the documents to remove this unnecessary language?

First, since you indicate that the developer is no longer active, then none of those portions or provisions apply and they can just be ignored. Some board members still want to remove them and if you are one of those associations, then here is the process. Your attorney will go through the documents and delete the provisions pertaining to the developer and any other provisions that no longer apply. The association will then mail this red-lined set of documents to the members along with a proxy which will allow folks to vote for the changes (amended documents). The board will then hold a meeting and determine if they have adequate membership support to make the changes based on the percentage of ownership required in the docs.

What if we do not have enough votes?

Proxies are good for 90 days in the state of Florida. I cannot attest to other states. Therefore, what you would do at the end of the initial meeting would be to reconvene rather than adjourn. You pick a date somewhere no more than 90 days out to meet again on this matter. This is called reconvening. Then you post that meeting properly and this will give the community volunteers more time to come up with additional support and proxies. When the next meeting is called to order, the minutes should state that you are reconvening the meeting of xxxdate.

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