Frequently asked questions about the Homeowners Association

1) What is a homeowners association? Indian Creek Estates Homeowners Association (ICE HOA) allows the owners of the property in the subdivision to administrate and manage their community. One of the main purposes of ICE HOA is to enforce a set of covenants which bind all owners and are recorded in a document called the Covenants, Conditions, and Restrictions (CCR's). This includes common areas, building restrictions, etc. Property owners are required to pay an assessment (quarterly) to enable the (ICE HOA) to operate the association and maintain the common property.

2) Who serves on homeowners associations, what do they oversee and how are such associations governed? ICE HOA is governed by a board of volunteer owners elected by the remaining owners. The board holds regular bi-monthly meetings to enforce the CCR's to establish a budget, authorize expeditures, collect assessments, problem solve, and oversee maintainance of the common property. The board acts in much the same way as a corporate board of directors.

3)What kind of legal power do such associations have to enforce their rules? The main source of legal authority allowing ICE HOA to enforce its rules comes from the recorded CCR's and bylaws. Because the documents are recorded on the county real estate records, home buyers become legally bound by the valid provisions of these documents when they purchase their homes. Homeowners Association laws may also provide additional legal authority not contained in the ICE HOA documents. Homeowner Association actionsa are usually upheld in court if the authoriy is provided in the documents or by statute and the board acts reasonably in carrying out the authority.