This information is not offered as legal advice. The information provided here is not a substitute for legal advice. The contents of this page and website are subject to change without notice. You should not rely or act upon the contents of this website without seeking advice from your own attorney. Old Cahaba Residential Association, Inc. and Selective Management Services, LLC. are not a law firm.
Frequently Asked Questions
Why do I have to get permission to do things on my own property? Each homeowner must receive written approval prior to making any changes, additions, or deletions to the exterior of their home or property, including, but not limited to, fences, playsets, pet structures, pools, hot tubs, parking, storage buildings, major landscape, painting, decks, patios, awning, structural changes, lawn decorations, antennas, and lighting, etc. Homeowners are responsible for the upkeep and tidy appearance of their lots. As (Association) homeowners, it is imperative for you to be familiar with the association’s restricted covenants and by-laws. The Covenants are the same as contracting with the Association to live in accordance with these documents. Therefore, if you are not familiar with the documents, it is your responsibility to become familiar with them. Many times this alleviates misunderstandings, be it an unapproved structure, fence, landscaping, recreational vehicle parking, satellite dish, etc. It is part of our job to enforce compliance of the Covenants and By-Laws. If you do not have a copy, please call our office.
What are Assessments? Regular assessments, often referred to as homeowners association dues, are the payments that owners must pay to fund the operation of the association. The regular annual assessments should be sufficient to cover the operating budget of the association. As with the operating budget, most governing documents allow the board to establish the dues without owner vote.
For what are the Association Assessments used? The assessments are used by the association to maintain and develop common areas; such as the front entrance, pools, tennis court, clubhouse, playground, and lakes. There are other types of expenses, including insurance premiums, utilities for community assets, property management fees, accounting charges, and legal fees. In addition, it is important for the association to establish a reserve account that can be used for future expenditures and unforeseen costs.
Why do I have to pay an Association Assessment? The obligation to pay annual assessments is contained in the Declaration of Covenants. The Declaration is filed with Shelby County. You automatically agreed to the terms and restrictions in the covenants by purchasing your home. Many mortgage agreements also refer to the obligation to pay the assessment.
What is a managing agent or management company? A management company is a separate business entity that is hired by an association to act as the agent for the association. The management company takes their direction specifically from the association's board of directors and/or developer.
Must an association hire a professional management company? Professional management is not required, but it is generally advisable, particularly for larger associations. The obligations related to community care can be overwhelming. Since most Board members are volunteers with jobs and other responsibilities, hiring a management company alleviates the burden of day to day duties.
What does the management company / manager do for the association? A management company is contracted by the Board of Directors to provide such services as: Collection of assessments, budgeting, record keeping, bill payment, meeting coordination, common area maintenance, closing duties, service management, meetings with owners, website upkeep, database management, obtaining estimates for subcontracted services and providing financial statements/information and income and expense reports. Also, a management company is a general clearing house for problem solving, communications with homeowners and the Board of Directors and to serve in an advisory capacity. The management company reports directly to the Board and/or a designated member of the Board. Regardless of what functions are delegated, and regardless of the content of the management agreement, the board retains the duty to supervise the manager and the authority to override any decision.