Walnut Gardens HOA
Walnut Gardens

Frequently Asked Questions

Generally speaking, the terms are used interchangeably, although “assessments” is technically more correct.

Homeowners in an Association are required, as a condition of ownership, to pay a share of common expenses. Assessments (also referred to as “dues”) are each home’s share of the annual operating costs of the HOA. For example, assessments cover: Maintenance and repair of common areas, Landscaping of common areas, Community Association Management fees, Insurance on the common areas, Electricity for the common areas, Contributions to long-term maintenance reserves, Legal and accounting fees, and Community events.

Association management is a distinct field of management because of the unique environment of associations. Associations are unique in that the ‘owners’ are assessment-paying members. Members also govern their association through an elected Board, along with Association committees. Typically, the Board selects, retains and evaluates a management company who is responsible for the day-to-day management of the association and paid staff. Association managers must also be familiar with laws and regulations that pertain only to association. To attain the knowledge needed to effectively operate in association management, its practitioners may choose to pursue the designations that are specific to the industry.

All HOAs are created by Covenants or CCRs. They are recorded on the title to every piece of property in a community; therefore, they are legally binding upon the entire community. CCRs grant the HOA and the HOA Board legal authority and are the source of restrictions that apply to all members.

Your Homeowners Association (HOA) maintains the common areas, preserves a consistent look throughout the community, and can enhance the sense of community. An HOA may prevent your neighbors from making changes to their homes and using their property in ways that might negatively impact other homes.

An HOA is the way by which homeowners may maintain the pleasant, desirable lifestyle envisioned when they purchased a home. After transition, HOAs are wholly run by homeowners who volunteer to serve their community.

The HOA Management Company is Wright Property Management. Their contact information is located on the website. Generally, the management company can be contacted online or by telephone.

CCRs may be amended only by a supermajority of homeowners. Other governing documents include the HOA Covenants and Bylaws. Please go to “Residents” page of this website to download a copy of the governing documents and CCRs.

Common areas include the front entrance (the island median and two side walled areas), all street signs, stop signs, and mailboxes.

The HOA Management Company coordinates and supervises maintenance activities, landscaping, and repairs, advises the Board of regulatory issues and compliance requirements, fair housing procedures, and fair debt collection practices, coordinates member/board communication and provides notice of meetings, manages office operations including accounts payable and receivable, bookkeeping, and filing, manages association finances: budgeting, collecting assessments, analyzing reserves, and pursuing delinquencies, works with accountants and auditors to maintain the association’s financial viability, and works with insurance companies to file or settle claims.

To preserve consistency and make living in your community more pleasant, the CCRs include a list of uses that are prohibited or restricted within the community. Examples of common use restrictions include animal breeding, nuisances, and parking recreation vehicles or commercial vehicles.

A set of rules or guidelines regarding the operation of a non-profit corporation such as a Board. Bylaws generally set forth definitions of offices and committees involved with the Board. They can include voting rights, meetings, notices, and other areas involved with the successful operation of the Association.

The term CCR refers to Covenants, Conditions and Restrictions. A real covenant is a legal obligation imposed in a deed by the seller of a home and/or property upon the buyer of the real estate to do or not to do something. Such restrictions frequently ‘run with the land’ and are enforceable on future buyers of the property. Examples might be: to maintain a property in a reasonable state of repair, to preserve a sight-line for a neighboring property, not to run a business from a residence, or not to build on certain parts of the property. Many covenants are very simple and are meant only to protect a neighborhood from homeowners destroying trees or historic things or otherwise directly harming property values. Some can be more specific and strict, outlining everything a homeowner can do to the exterior of their home, including the acceptable colors to re-paint the home, automobile placement or repair on property, the type of driveway finish that must be installed, satellite placement, etc.

The HOA covenants and bylaws, articles of incorporation or any other documents which govern the normal operating procedures of an association.

Similar in essence to a lien, the Notice of Noncompliance is a document sometimes authorized under the CCRs and may be recorded in the county property records. Its essential purpose is to notify prospective buyers that the property is in violation of the documents.

A monetary claim levied against a property for unpaid mortgage, taxes, contractor work, or other charges. A lien is attached to the property, not the owner, but legally must be recorded in the property records of the county of residence. If a Lien is in place, the property owners has very limited ability to do anything involving the property until the Lien is satisfied or removed.

An interest or a right in real property which grants the ability to a landowner to use the land of another for a special purpose or endeavor. For example, an association may have an easement for slope maintenance or other repair purposes. A public utility may also have an easement for maintenance or repair work to be executed at a future date.

The declaration is sometimes referred to as the ‘master deed,’ ‘documents,’ or ‘declaration of covenants, conditions, and restrictions’ (CCRs). It describes an owner’s responsibiltiies to the association which can include payment of dues and assessments as well as the association’s various duties to the owners. It is commonly viewed as somewhat of a ‘constitution’ of the association. The person or group of persons who either signs the original declaration governing the development and association or acquires the original developer’s rights is referred to as the ‘Declarant.’

An Ordinance is an individual or set of laws adopted by local government at the county and city level.

Any area of improved real property intended for shared use by the members of an association.

An HOA Management Company Administrator is a person or entity hired specifically to assist the Board in enforcing the documents and managing the assets, funds, and interest of the association.

An individual appointed to act or vote on behalf of another person by representing them at a meeting of the association. The title can also refer to the written piece of paper granting that power.

A Quorum is defined as the minimum number of owners required to hold an official meeting of the association. The number of owners required can vary greatly according to the corresponding association’s governing documents.

The act of initiating a Recusal involves the temporary removal of an association member or board member, or the act of disallowing his/her participation in a particular vote or proceeding.

In relation to an HOA, Community or other formal organization, a director is an officer charged with the conduct and management of its affairs. The Directors collectively are referred to as a Board of Directors (Board) and are generally elected.

An ARC is an Architectural Review Committee. The Architectural Review Committee is appointed by the Board to assist them in maintaining a uniform high aesthetic design standard for your Community. It is the ARC’s responsibility to review all applications for changes, additions or modifications to the exterior of any home. The Board retains certain rights and discretions granted to it by the CCRs which it may delegate to the ARC. Please visit the “Architectural Requests” page.

To get approval for any changes, you must submit a complete ARC application to the HOA. Architectural Request applications may be reviewed by an independent professional hired by the HOA.

You will receive a written response within thirty (30) days after your completed ARC application and site plan are received by the Architectural Review Committee. A written approval letter and/or email is required before work can begin.

HOA Management Company Administrator: Wright Property Management 5050 Poplar Avenue Suite 920 Memphis, TN 38157 phone: 901-327-7916 contact@wrightpm.com
Couldn't find your answer?
Contact us below.
Contact Form