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Homeowners' Association

Property Management Company

Springside Committees

WHAT IS A HOMEOWNERS' ASSOCIATION

When developers first started building Homeowners' Associations, everyone agreed that having property shared by all owners was a good idea. But one question remained. "Who's going to take care of it?"

Local government wasn't responsible because the land was privately owned. The developer would eventually sell all the homes and go on to build another project; they wouldn't want to be responsible. That left the residents. Since they own the shared property, they should have responsibility for its maintenance. The concept of an association of owners was born.

A Homeowners' Association is an organization of residents. A buyer will automatically become a member with the purchase of a home within the development. As a member, he/she has a voice and vote in the Association's affairs. These votes are cast during annual or special meetings of the general membership.

The Homeowners' Association is an incorporated, nonprofit organization operating under recorded land agreements through which each unit owner in a described area is automatically a member. Each member is subject to a charge for a proportionate share of expenses for maintenance of common property and support of other necessary activities of the organization.

WHAT DOES IT DO?

The major responsibility of the Association is to protect the investment and enhance the value of the property owned by the members. This is done by providing for the physical maintenance and operation of the shared property. The Association has other responsibilities too, such as, enforcing the master regulations and architectural controls, and setting up an effective communication system among members.

To assure the Homeowners of a well run organization, a professional management firm may be retained as an integral part of the operation of the Association. Professional management will insure that the Association functions as a viable business organization, protecting the Homeowners' valuable investment. The Management staff will coordinate and supervise the maintenance, financial and architectural facets of the Association.

THE HOMEOWNERS' ASSOCIATION IS A BUSINESS

No matter what role you play in the Association, one thing is certain: you will want it to operate as smoothly and efficiently as possible. The most important thing to remember about a Community Association is that it is a business. To be successful, it must be operated like one.

At the time you purchased your home, you should have been provided with a set of documents consisting of the Declaration of Covenants and Bylaws. Please read these documents carefully since they clearly establish your rights as a Homeowner. They also help define the areas that are restricted for the purpose of maintaining the integrity of the community.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIENS

When the Developers plan projects, they develop a set of legal documents which establish the community association, govern its operation, and provide rules for use of all properties in the community. The legal documents consist of the following:

ARTICLES OF INCORPORATION

Identifies the Association and its purpose, structure and powers.

DECLARATION OF COVENANTS

The Declaration details each owner's property, and rights and obligations in the Association. The master regulations are important rules in your day to day living. They are set up to make sharing the property convenient and easy for you and all others involved, not to make things difficult.

BYLAWS

The Bylaws delineate the meetings process, election procedures, powers and duties, Board meetings, records, fiscal year, and amendment process.

If you do not have the Declaration of Covenants or Bylaws, you can purchase a copy from Towne Properties at a nominal price. However, you should have been given a copy when you purchased your home.

MANAGING THE HOMEOWNERS' ASSOCIATION

Ensuring the day-to-day managing of the Homeowners' Association is the responsibility of the Board of Directors as elected by the Association Membership. The Board is to carry out their duties as described in the Declaration of Covenants and Bylaws (Reference Article VII of the Bylaws).

PURPOSE OF THE BOARD OF DIRECTORS

The purpose of the Board of Directors is to allow for elected representatives of all owners/members to set forth and administer policies and procedures, and to make managerial decisions affecting the operation and maintenance of Association business and all commonly held real property.

The members of the Board of Directors, being duly appointed and/or elected, are recognized by the State of Kentucky as Officers of the Corporation (Association) and have the authority to enter into contractual obligations, carry out and enforce all provisions of the Articles of Incorporation, Declaration of Covenants and Bylaws, and may assign such responsibilities as deemed appropriate to the Managing Agent.

SOME OF THE RESPONSIBILITIES OF YOUR BOARD OF DIRECTORS

2009
SPRINGSIDE
BOARD OF DIRECTORS

Allan Carlson, President
35 Springside Dr
Cold Spring, KY 41076

Sue Williams, Vice-President
501 Brookstone Ct.
Cold Spring, KY 41076

Marilyn Elliott, Secretary
36 Springside Dr.
Cold Spring, KY 41076

Lloyd Weaver, Treasurer
745 Valleyside Dr.
Cold Spring, KY 41076

Aggie Alldred, Member-at-Large
107 Wayside Ct.
Cold Spring, KY 41076
 

NOTE: Telephone numbers can be obtained from community telephone roster.



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THE MANAGING AGENT

The Board of Directors employs a professional Management Company to manage the day-to-day business of the Springside Homeowners' Association.

The Managing Agent for the Springside Homeowners' Association is responsible to the Board of Directors for carrying out the day-to-day operations of all Association business and commonly held real property.

The Managing Agent has specific authorization and obligations as contained within the management contract. The management contract will generally run for a period of one (1) year or longer as determined by the contract. The present Managing Agent is:

Towne Properties Asset Management
500 Thomas More Parkway
Crestview Hills, KY 41017
(859) 291-5858

The Management Company will assign a Property Manager to the condominium property to oversee all Association business, employees and the operation of the condominium property. The Property Manager for Springside is Pam Schweiss. Jennifer Taulbee-Gordon, Administrative Assistant, handles general questions, work orders and questions about your account.

It is the responsibility of the Managing Agent to bid, contract, oversee and direct all contractors, vendors, etc., servicing the Association under the approval of the Board of Directors. The Managing Agent will select, oversee and direct all employees including maintenance personnel.

The Management Company is the vehicle by which the overall administration, policies, procedures, managerial decisions, etc., of the Board of Directors, acting on behalf of all owners/members, are carried out. The expertise and experience of a qualified management company provides the Board of Directors with the information and facts necessary to make appropriate decisions on all aspects of Association administration and management of common real property.

24 HOUR EMERGENCY SERVICE

In the event you have an emergency when the Management Company office is closed, please call 859-291-5858. An answering service will answer the call and, if it is an emergency, they will direct the call to the cell phone of the property manager or a maintenance technician.

RESPONSIBILITIES OF ASSOCIATION AND HOMEOWNERS

In Association living there are certain responsibilities for the homeowners and other responsibilities for the Homeowners' Association. Homeowners should be aware of their rights and responsibilities. The Declaration of Covenants outlines Association and Homeowners' responsibilities and the rights of the Homeowner (Reference Article X page 20 in the Declaration of Covenants).

The outline below is a summary of some of these responsibilities:

ASSOCIATION RESPONSIBILITY:

1. Provide for the maintenance, repair, and general upkeep of the common areas and any improvements of the common areas.

2. Provide for grass cutting and landscape maintenance on all areas.

3. Provide for snow removal from the common areas, driveways, roads, and walks.

4. Provide for exterior maintenance for all units as follows:

a. Paint, caulk, repair and replace roof vents, chimneys, gutters, downspouts, light fixtures, and exterior wall surfaces.

b. Paint and make surface repairs on exterior surfaces of doors, and window frames.

c. Repair and replace parking areas, driveways and walkways.

d. Perform other exterior maintenance from time to time as determined by the Board to be reasonably necessary to maintain the units consistent with the funds available to the Association. Such additional maintenance is to be exercised uniformly for the benefit of all units.

OWNER RESPONSIBILITY

Unless otherwise determined by the Board, owners shall be responsible for the following:

1. General maintenance and upkeep of the interior of the unit.

2. Providing for structural and/or waterproofing, repair, replacement of care of foundations, basement walls and floors.

3. Providing for repair, replacement or care of mechanical equipment and/or its pads and foundations, light bulbs, electrical outlets, water silcock, window and/or door glass or screen.

4. Providing for repair, replacement or care of door jams, thresholds or operating parts of doors and windows (including skylights).

5. Providing for general cleaning, debris removal and snow removal from porches.

6. Providing for cleaning, weather-stripping or replacement of doors, windows and skylights.

7. Providing for the cleaning and general upkeep of the garages.

8. Providing any care necessary to improvements or additions which were not made by the original developer.

COMPLAINT PROCEDURE

There are times when everything isn't going according to plan, or the plan is in error, or somebody is stepping on our toes in one way or another. Most of us try not to encroach on our neighbors' rights and privileges and to treat others as we would like to be treated.

Accordingly, there must be a process to resolve a problem whenever one may arise, especially when a Homeowner is in violation of the Covenants. The Board is powerless to do anything substantive without written documentation, a "paper trail" if you will.

Therefore, as part of the complaint procedure, a form is available through the Management office to solve these problems expeditiously.

The procedure is as follows:

Homeowners should try to resolve the issue by discussion with the offending party. If not resolved:

1. Contact the Property Manager or a member of the Board of Directors.

2. Explain your complaint, steps you have taken toward a reasonable solution and your suggested solution for the problem. Mail this back to the Property Manager.

3. The following steps will be taken as necessary to resolve the complaint:

a. Initial letter sent to offending party.

b. If there is no resolution, a second letter will be sent.

c. If after these two letters, the problem or complaint is not resolved, the issue will be taken to the Board and recommendations will be made to alleviate the complaint.

Copy of the Complaint or Request Form is in this website or your Homeowners Reference Manual for details.


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 SPRINGSIDE COMMITTEES

1. ARCHITECTURAL CONTROL COMMITTEE -- Ted Dansberry, Chairman  

The Association has been charged with the responsibility of maintaining the aesthetic and architectural character of the Association.

The purpose of the Architectural Control approval is not to discourage improvements but to control the nature of improvements to those that enhance the value and conform to the overall aesthetic appearance of Springside. This control should be looked upon as protection of your investment. The Board of Directors and the Association Members are in favor of improvements.

The committee, we try to have five members, is composed of Springside homeowners who have volunteered to serve under the direction of the Board of Directors. The chairperson of the committee is a member of the board. All recommendations of the Architectural Control Committee are presented to the Board of Directors for final approval.

See the section on Architectural Guidelines in this website or your Homeowners Reference Manual for details.

2. FINANCE COMMITTEE -- Joyce Hamer, Chairman

FINANCIAL MANAGEMENT

The Board of Directors and the Managing Agent set an annual budget necessary to support the maintenance, services, and reserve funding for replacement and repairs of common property held by the Association. Assessments are set in accordance to the Declaration of Covenants (Reference Article V of the Declaration of Covenants).

Under the direction of the Treasurer, the Finance Committee reviews monthly financial reports prepared by Towne Properties; reviews Reserve Fund Account balances; works with the property manager to prepare an annual budget; reviews all expenditures of the community; works with the public accounting firm in connection with the annual community audit. The committee currently has four members. All recommendations of the Finance Committee are presented to the Board of Directors for final approval.

RESERVES
WHY DO WE HAVE THEM?

The Reserve Account is the Association's way of setting aside money for future repairs and replacements. Each month, a certain part of your condominium association fee is set aside in a special interest bearing account to plan for the replacement and repair of the common areas. This helps to protect and preserve property values. This then, is naturally included in the overall budget for the Association.

Your ability to sell your unit can be influenced by the adequacy of, or nonexistence of, Reserves set aside by the Association. Primary lenders consider Reserves for future maintenance a key part of a good financial policy and can consequently be more receptive to lending money in communities with a strong reserve fund and an established Reserve Account policy.

Reserves do, therefore, directly affect the resale value of your property.

ASSESSMENTS

The Board of Directors adopt a collection policy for the Association, and assessments are due on the first day of every month. If, after all steps have been taken to collect delinquent assessments, the account is still in arrears, liens will be filed and foreclosure action will be taken no later than three months from the date the assessment is in arrears.

An explanation of the categories used in the Springside Operating Budget can be found in the Homeowners Reference Manual on this website or the one provided to you.

3. LANDSCAPING COMMITTEE -- Ken Kuyper, Chairman

The Association has been charged with the responsibility of maintaining the aesthetic and architectural character for the Landscaping within the Association.

Furthermore, the purpose of the Landscaping Committee is to review all homeowners' improvement requests and review contractor proposals for landscaping changes in the community. The committee is chaired by a member of the Board of Directors. All recommendations of the Landscaping Committee are presented to the Board of Directors for final approval.

An integral part of the Landscaping Committee is the community Garden Club. The Garden Club is made up of concerned homeowners who donate their time to provide direct labor on landscaping projects and conduct fund raisers to obtain funds to finance specific gardening projects in the community. Whereas the Landscaping Committee is an extension of the board, the Garden Club has no official status in the Association structure.

Any owner desiring to make a landscaping change, improvement, or addition must obtain approval for the change or improvement from the Board of Directors by submitting an Improvement Request prior to the project being undertaken. All applications for landscaping changes will be considered on an individual basis.
See the section on Landscaping Guidelines in this website or your Homeowners Reference Manual for details.

4. SOCIAL COMMITTEE -- Rick Smith, Chairman

The purpose of the Social Committee is plan for and sponsor community-wide social activities open to all homeowners. The committee's goal is to bring together community members in a social environment to promote understanding and facilitate building a sense of identity between the homeowner and the place they live. The committee attempts to instill a sense of "home" (as opposed to "a place to live") among residents. In this line the committee has also organized care and support to individuals in the community who are suffering illness. The committee is chaired by a member of the board.

If you enjoy activities such as the monthly Tuesday night social at the clubhouse, the Memorial Day Recognition for Veterans, Derby Day party, and the Christmas tree lighting party, then please get involved with the social committee.

Even if you are only able to volunteer for one event, that would be a BIG help! Contact Rick Smith if you're interested.