Association Government

An Association is a not-for-profit organization of owners formed for the purpose of maintaining the common areas.

 

An Association was formed when the Declaration of Covenants, Conditions and Restrictions were recorded. You became a member of the Association the day you closed on your new home.

Legacy Grove HOA provides community leadership, architectural control, covenant enforcement, community events, accounting and finance, operation and maintenance of recreation facilities.

 

Community leadership is provided by the Board of Directors, as well as the Association Committees. All residents can participate in various committees. These committees help shape the future of Legacy Grove HOA. All meetings are open to the public.

 

Homeowners are required to submit plans for any and all exterior improvements for approval to the Architectural Control Committee prior to installation. Our goal is to ensure choices are in harmony with the overall appearance of the community.

 

How It All Works

 

Association Responsibilities

Community associations are created to provide exclusive benefits to the owners within a specific real estate development. The responsibilities may vary with each community, and are in accordance with the desires of the association members and their elected Board of Directors.

 

The specific duties and responsibilities of a community association are found within their unique set of governing documents. These governing documents typically consist of:

 

  1. Declaration of Covenants, Conditions & Restrictions (also called a Declaration; Covenants; CC&Rs; or Master Deed) - Creates the community association, contains the deed restrictions, establishes mandatory membership and payment of assessments.

  2. Articles of Incorporation (though some condominiums do not have Articles of Incorporation since many states treat condominiums like corporations) - Sets forth the structure and basic governance of the corporate body

  3. Bylaws - Defines how the association is to be operated.

Board

 

To be effective, a homeowners association needs a strong board of directors that understands its role and pursues it with passion and a concise mission in mind. To form an effective board, directors must have a clear understanding of the strengths and weaknesses of the association, its history and what is to be accomplished. Legacy Grove homeowner association board have responsibility for its assets as well as its operation in accordance with standards established by state and federal law, local ordinances, and the governing documents upon which the Legacy Grove was created. To the extent that the association has such authority and control, it is the board of directors that makes certain these responsibilities are fulfilled.

President

 

The president of an association is vested with all the powers generally given to the chief executive officer of a corporation. While specific by-law provisions may vary the president's duties, it is generally presumed that he or she will preside at all meetings of the board and the membership. The president will execute contracts, orders and other documents in the name of the association as its agent. When signing documents, the president should indicate the capacity in which he or she is signing in order to avoid any personal liability since the president's signature, under most circumstances, will bind the association under a doctrine of inherent powers.

 

The president also assumes general charge of the day-to-day administration of the association and has the authority to order specific actions in furtherance of the board's policies. The president serves as spokesman for the board of directors in most matters relating to general association business. Like all officers of the association, the president has an affirmative duty to carry out the responsibilities of the office in the best interests of the association. Unless otherwise specified in governing documents, the president serves at the will of the board of directors and can be removed with or without cause at any time by a majority of the full board.

Vice President

 

The vice-president is vested with all the powers which are required to perform the duties of the association president in the absence of the president. The vice president does not automatically possess inherent powers to act in the capacity of the chief executive officer, and may act for the president only when the president is actually absent or otherwise unable to act. The vice-president may assume such additional duties as are defined by the board of directors. Often, the vice-president will chair one or more substantive committees like that of architectural review.
 

Treasurer/Secretary 


Treasurer
The treasurer is the custodian of the funds, securities and financial records of the association. When the association has a manager or management company that actually handles the funds on a daily basis, the treasurer's duties will include overseeing the appropriate people to insure that the financial records and reports are properly kept and maintained. Unless the by-laws otherwise specify, the treasurer is responsible for coordinating the development of the proposed annual budget and for preparing and giving the annual financial report on the financial status of the association.

The treasurer does not have the authority to bind the association or the board of directors in dealings with third parties unless the board has provided express authority for the treasurer to do so. As with the association's secretary, the treasurer does not have to perform the day-to-day record keeping functions of the association when this responsibility is transferred to a management company, but the treasurer will ultimately be responsible for insuring that the financial records of the association have been maintained properly in accordance with sound accounting practices

 

Secretary
The secretary of the association is responsible for keeping and maintaining a record of all meetings of the board and the membership and is the custodian for most of the official records of the association. The position of secretary is not simply a clerical position. In many cases, the secretary will not actually keep the minutes of the meetings, but will be responsible for obtaining someone who will do so as a recorder or assistant secretary. As the custodian for the minutes and other official records of the association, the secretary is responsible for ensuring access to those records by the members of the association and their authorized representatives.