Frequently Asked Questions about Homeowners’ and Condominium Owners’ Associations
I don’t remember joining an association, why do you think I’m a member?
The deed restrictions that apply to all of the lots in your subdivision, or the Declaration of Condominium for your community, state that by accepting a deed to your property, all owners become members of the association. You did not need to “join” to become a member. You will be a member for as long as you own your home, and when you sell it, the person who buys from you will become a member.
My home is in the name of both my spouse and me. Are we both members?
Yes. However, all assessments and costs of being in the association, and all voting rights, are determined by lot or unit, not by member, so, for example, a lot or unit that is owned by 5 members, for example, will not pay any more, or have more votes in the association, than a lot/uinit owned by 1 member.
Votes? Do I have a vote in how and what the Association does?
Yes, and no. In single family subdivisions, for as long as the developer of your subdivision continues to own lots and sell homes in the subdivision, the deed restrictions provide that the developer will control the association. No meetings are required, and no votes conducted, until the Association is “turned over” to the homeowners. In a condominium, state law controls the times at which residents get appointed to the Board, and when meetings become necessary. Whether for a subdivision or condominium development, the transfer of association control from the developer to the residents happens at a formal meeting that you will receive notice of when the time arrives. Once the association is turned over, you and your neighbors will control the association, and each lot will have one vote in all matters submitted to the association for a vote.
What exactly does the Association do, and how does Omni fit in?
The Association is responsible for making sure that all “common areas” in the subdivision are cared for and insured, and that all bills are paid. Common areas usually are portions of a subdivision, which are not owned by individual lot owners, and are used for the mutual benefit of everyone – such as entryways and open spaces. In a condominium, “common areas” may include the outside of individual condominium units, and any amenities and buildings to which all unit owners have use rights (swimming pools, clubhouses, etc.). Bills include taxes for land owned by the Association, the costs of cutting the grass, planting and taking care of other landscaping in common areas, electric and water bills if there is lighting or irrigation in the common areas, etc. OMNI is a privately owned company which has been hired by your association’s trustees to manage the day-to-day affairs of the Association. OMNI hires contractors to maintain the common areas, pays the bills, and administers the deed restrictions or condominium documents.
Administers deed restrictions or condominium documents? What does that mean?
All lots/units in your development are subject to deed restrictions or condominium documents which affect what can and cannot be done on any individual lot, unit, and/or in the common areas. For example, common deed restrictions state that lots can only be used for single-family residential purposes – that means no one can build an apartment, retail store, office building, etc. on any lot. Only single-family homes are permitted. Common condominium documents similarly limit that units can only be used for residential occupancy (not to run a business). There are many limitations contained in deed restrictions and condominium documents (frequently referred to as “Rules”), affecting whether and where fences can be built, what can be stored outside of homes, whether outdoor antennae are permitted, whether you can have an above-ground swimming pool, whether you can raise farm animals, and many other things too. OMNI administers the Rules, meaning several things. First, it means that if someone does something that is not permitted by the Rules, OMNI enforces the Rules. It also means that if something can only be done with permission (such as fence and deck construction), OMNI reviews plans and grants or denies permissions to do those things.
Wait a minute. I own my home. You mean I need someone else’s permission to build a fence, or a deck?
Yes, that’s right. The purpose of deed restrictions and condominium documents is to preserve the quality of the development as a whole. That means making sure that there is a general consistency in the quality and appearance of the improvements and structures that are built in the subdivision. Would you like to live next to someone who installs a chain-link fence painted bright pink along your property line? And even if you like bright pink chain-link, would you like it if that fence were next to another neighbor’s yellow and blue picket fence? Your developer determined that it is better to regulate what can and cannot be built, to protect everyone from such a situation. In some single family subdivisions and in most condominiums, fences are completely prohibited. In others, they are simply restricted, meaning, for example, that only certain fence materials may be used, or that a common color scheme must be met, or even that fences can only be built of a certain size, style or in certain locations. Your Rules may indicate what the general fence guidelines are, but all improvements like fences and decks must be approved in writing before they are built. In general, condominium Rules are much more restrictive than subdivision deed restrictions, but the general natures of both are very similar – all owners are limited in what they are allowed to do on their property, for the general good of the community as a whole.
How do I get plans approved? Does it cost me anything to get plans approved?
Plans are to be submitted to OMNI, in duplicate, showing exactly what you are planning to do. We need to see a site plan showing us your whole lot and where you plan on building; a materials list that tells us what materials will be used; a color sheet showing all colors to be used; and a picture or drawing of what the improvement(s) will look like when finished. All plans and elevations are to be dimensioned. If you are unsure, call OMNI and we’ll help you understand what is needed. The approval process generally takes about two (2) weeks, and in most (but not all) communities we manage, there is a charge for plan review. For full details on what is required in your community, contact Omni at 877-405-1089. If you are ready to prepare your application for submission to Omni, you can Click here for an application form and instructions.
How are Rules violations handled?
In most communities we manage, Omni does not consider itself to be the “deed restriction police.” We are in your community regularly and keep our eyes open for problem situations, but usually we find out about violations as a result of complaints from residents in the neighborhood. When we receive a complaint, we verify that the problem exists, and if it is something that warrants enforcement, we contact the owner of the property where the violation exists. Usually this is done in writing. We ask the owner to voluntarily comply with the restrictions, but warn that we have the right to take legal action if they don’t do so. In some communities, and particularly in condominium developments, trustees and unit owners alike expect a more proactive approach to enforcing the Rules, and we actually start the enforcement process ourselves when we observe a violation. In either case, a resident in a community (single-family or condominium) have the right to report violations to us. You can Click here to report a Rule violation in your neighborhood.
Legal action? Isn’t that expensive? And do you really do that?...
Yes, yes, and yes. Sometimes, the only way to get a person to comply is to take legal action. That means filing suit in county court, and we do it if we have to. That is authorized by the Rules and under State common law. It is expensive, but it is normally expensive to the person who has the violation, not to the association. You see, the Rules normally state that the costs of enforcement, including attorney’s fees paid by the association, are the responsibility of the person who violated the Rules and made the enforcement action necessary. Our letters to owners asking them to bring their properties into compliance with the Rules warn the owners that they will have to pay enforcement costs if they don’t remove the violation.
… And what do you mean by something that “warrants enforcement”?
Not all complaints we receive result in enforcement actions. Sometimes, owners of one property just don’t like what their neighbors are doing, and complain to us about it. We only get involved if a clear violation exists. Even then, when possible, we try to resolve problems before taking formal action. We encourage neighbors to try to work out differences among themselves, but we’re there to help if we’re needed.
How are the Association’s dues determined, and where does the money go?
Your Association is not-for-profit corporation, so the dues you pay are determined according to what the actual costs of running the association are expected to be. OMNI, together with your trustees, estimates what the total costs of taking care of all association responsibilities will be, and then we divide that number by the number of lots/units in the subdivision. In some developments, the costs are divided only among lots/units that have been developed and sold, while in others the costs might be divided among all platted and/or planned lots/units. The deed restrictions or Declaration of Condominium usually tell us how assessments get calculated. In general, you pay your share, just like all other lot owners, often including the developer. Dues are collected monthly, quarterly, semi-annually or annually, depending on your Rules and sometimes based on how much the dues are, and they include the estimated costs of maintaining the common spaces (lawn, landscaping, and pond maintenance, etc.), utilities if applicable, taxes, insurance, OMNI’s management fee, and reserves your trustees consider appropriate for the protection of the future of the association. Your dues are paid to the association, and deposited into an association bank account. Bills are paid directly from the association’s account.
Are there any other costs that I have to pay?
Under normal circumstances, no. There is a transfer fee payable to Omni by the buyer when you sell your home (that fee covers OMNI’s work in making changes in the association’s records for the new owners), and you may incur interest or late charges if you don’t pay your annual dues on time. Owners who violate the Rules are frequently subject to fines if they don’t correct the violation, and there are costs and expenses associated with any enforcement under the Rules, whether for dues payment or site violations. There are other, limited circumstances under which special assessments could be levied by the association, but they are unusual.
Interest? Late charges?
Dues collected on an annual basis are payable within 30 days of the date on which you receive your invoice. Dues collected more frequently (monthly, quarterly or semi-annually) have shorter payment periods which will be disclosed on the Statements or coupons you receive from Omni. If you do not pay on time, a late charge (commonly $25.00) will be assessed, and interest from the due date will accrue on your account.
What happens to people who don’t pay their dues?
In addition to the late charge and interest, the association has the right to file suit, and/or to file a lien against the home/unit of a person who does not pay his/her dues. If suit is filed or a lien taken, all of the costs of doing so have to be paid by the person who didn't pay the dues in the first place. OMNI believes that it is fundamentally unfair to allow some owners to get away with not paying their dues. It is unfair to all owners who do the right thing and pay their dues on time, and it is harmful to the development as a whole. As a result, we will take all necessary actions, assessing interest and late fees on delinquent accounts up to and including legal action to collect dues, including dues for previous years. The least expensive alternative for every owner is to pay the dues and pay them on time.
What if I have other questions?
Contact us. We’re happy to answer any questions you have (or at least we’ll try!). You can contact us in writing at P.O. Box 395, Grove City, Ohio 43123, by phone at 877-405-1089, or by fax at 614-539-7727. We count it a privilege to serve the communities under our management, and we will do our best to earn your respect.
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