FAQ

Kelly Management

WHAT IS THE ROLE OF THE MANAGEMENT COMPANY?

Since the Board of Directors is comprised of volunteers, it is a good idea to hire a professional managing agent specializing in community association operations. Professional management companies possess knowledge of changing legislation affecting common interest developments and they understand fiscal as well as physical management requirements of these entities. The scope of services provided by a management company will vary based on the needs of each community association. Contractual management duties may include customer service, preparation of financial statements, collection of assessments, coordination and oversight of vendors to address maintenance issues.

WHAT IS THE ROLE OF THE COMMUNITY ASSOCIATION MANAGER?

The role of the community association manager is to implement the decisions of the Board of Directors, administer the services, programs, and the operation of the Common Interest Development (CID) within the policies and guidelines set by the Board, and, in the case of a professional manager, provide information, training, and often, leadership to an inexperienced board member as he/she sets policies and makes decisions. Our goal is to ensure our managers are the most experienced and well educated in the areas of HOA Management.

DOES YOUR STAFF HAVE EXPERIENCED PERSONNEL TO ASSIST THE BOARD OF DIRECTORS?

Kelly Management has multiple Community Managers each supported by their administrative assistants as well as an accounting department that handles all association finances. Our staff is structured to give Community Managers as much support as possible to assist them and in meeting your needs. The Kelly Management team works together to assist the Board of Directors and maintain the beautiful aesthetics of your association.

HOA

WHAT IS A HOMEOWNERS ASSOCIATION/ COMMUNITY ASSOCIATION?

A homeowners association, also known as a Common Interest Development (CID) or a Community Association, is a non-profit entity under which a community governance structure is established and operated. Homeowners associations are established with the intent of protecting the community assets and instituting prudent physical maintenance and financial management practices. Decisions concerning homeowner association operations are made by a volunteer Board of Directors elected by the community residents during the annual meeting of the membership.

WHAT IS THE ROLE OF THE BOARD OF DIRECTORS

The Board of Directors is a group of homeowner volunteers who have been elected by the membership at an annual membership meeting. By virtue of their selection, they are given the authority to make decisions on behalf of the membership affecting all aspects of community association assets. The Board of Directors’ decisions may include creation of restrictions governing the use of common area facilities, collection of reserve funds for future repair and maintenance of assets, enforcement of use restrictions, and collection of assessments, just to name a few.

DO I HAVE TO BELONG TO THE COMMUNITY ASSOCIATION AND PAY THE REQUIRED ASSESMENTS?

All homeowners owning a unit or lot within a community association automatically become a member of the community association and are required to pay reoccurring assessments based on the Association’s CC&Rs (i.e. monthly, bi-monthly, quarterly), which covers the costs associated with operating a community association. Failure to make your payments could result in a legal action.

WHAT DO MY ASSESSMENTS PAY FOR?

The assessment covers the operating and reserve expenses that the community association is legally obligated to take care of, per the Covenants, Conditions and Restrictions (CC&R’s). Items such as insurance, taxes, water, electricity, landscaping services, street sweeping, janitorial, and even pest control are just a few of the items that may be covered by assessments. Assessments also cover the funding of reserves, which are funds accumulated to pay for future repair or replacement of major components for which the community association is responsible, such as roofing and painting in a condominium project, street repairs, and pool/spa and clubhouse refurbishment in a planned unit development. Assessments also cover the costs associated with operating a non-profit corporation, including preparation of an annual budget, audit, reserve study, and distribution of election materials, etc.

WHAT ARE SPECIAL ASSESSMENTS?

Special assessments are a method in which the community association can require owners to pay an additional fee in order to operate when faced with an unexpected expense from an event or common area component failure, which was not previously anticipated within the community association’s operating/reserve budget.

CAN I PAY MY COMMUNITY ASSOCIATION ASSESSMENTS ELECTRONICALLY?

Yes! Kelly Management has an ACH program where we debit your checking or savings account the 10th of each month. If you are interested, please click here to request an application. For added-convenience, payments can also be made online. We offer two options to pay your assessments online. You can click here to go through the bank website and pay via e check for no additional cost. Credit card payments are also accepted through this online service for a nominal processing fee. Kelly Management does not receive any portion of the processing fee.

I WOULD LIKE TO MAIL IN MY PAYMENT. WHERE DO I SEND MY CHECK?

Please make all checks payable to the community association(s) in which you reside. Please mail your check to following address:

(Association Name)
C/O Kelly Management
P.O. Box 66065
Phoenix, AZ 85082-6065

WHAT IF I DON’T PAY MY HOA ASSESSMENTS?

HOA assessments are a legal requirement of each and every homeowner purchasing a home or lot within a community association. Board members have a fiduciary duty to collect delinquent assessments for the benefit of the entire community association. A delinquency policy has been established by your Board of Directors for non-payment of assessments. This policy outlines what could happen if a homeowner fails to pay their assessments. The policy is mailed to all association members with their annual disclosure.

WHAT ARE GOVERNING DOCUMENTS (I.E. CC&R’S, RULES & REGULATIONS)?

Several documents govern community association operations. These documents include Covenants, Conditions, and Restrictions (CC&R’s), Bylaws, Rules and Regulations, Architectural Guidelines, Election Rules, Corporate and Civil Codes. Each of these documents are used to govern you Homeowner’s Associations and the residents.

COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&R’S)- CC&R’s are County recorded documents and contain information regarding membership, assessments, architectural control, use restrictions, duties and powers of the community association, repair and maintenance responsibilities, insurance, easements, annexations, just to name a few.

BYLAWS - Bylaws outline organizational details such as frequency of board meetings, number of board members, etc.

RULES AND REGULATIONS Rules and Regulations are an unrecorded set of guidelines summarizing the use restrictions in the CC&R’s. The Board of Directors establishes the content of this document and may change them as necessary. Rules and Regulations may be modified through resolutions approved by the Board after the proposed rules are sent to the membership for a thirty day comment period.

CIVIL AND CORPORATION CODES- Civil and Corporation Codes are laws governing non-profit corporation operations. These laws protect community associations mandating important matters regarding a community association’s financial condition, minimal frequency of membership meetings, requirement for reserve studies, among other important regulations. All California community associations must adhere to these laws and operate under the umbrella of non-profit corporation statutes.

HOW CAN I REPORT A NON-COMPLIANCE OR VIOLATION?

Non-compliance or violations must be submitted in writing (via email) to the appropriate community manager. Please note all reports remain confidential and your community manager will do their best to rectify the issue.

WHY WAS I FINED FOR VIOLATING A RULE/POLICY?

Homeowners or residents who are not in compliance with the restrictions outlined within the community association’s policies and governing documents are considered to be in violation. Standard procedure typically involves sending written notice of the violation in order to gain compliance. We understand situations may arise that caused the violation so the first notice is typically a courtesy notice; followed by a first violation notice, and a hearing notice where the member addresses the Board regarding his/her continuous violation at the hearing. The Board would then assess the information and decide whether or not to impose a fine to the non-compliant homeowner. The compliance process may vary depending on the association CC&R’s. A fine may be assessed and depending on the nature of the matter, legal action may be taken. Purchasing a home within a community association is an agreement to adhere to the governing documents established for the community association. Prospective homeowners should review and consider these restrictions thoroughly prior to purchasing a home within a community association. Homeowners renting or leasing their properties are responsible for the actions of their tenants, including violations.

WHEN DO I NEED TO SUBMIT AN ARCHITECTURAL APPLICATION?

It is important to maintain the consistency of aesthetic appeal in the community association, since this can impact your property value. Architectural guidelines are designed to ensure that this consistency is maintained. Before you begin work on your home, your community association requires that you submit an architectural application. If you have any inquiries about this process or need to obtain an application, please email our office, [email protected], and we would be happy to assist you.

WHY ARE THERE BOARD MEETINGS? CAN I ATTEND A BOARD MEETING?

Board meetings are to provide a forum permitting board members to make community association business decisions. The executive session portion of the board meeting is closed to homeowners. It provides a confidential forum in which to discuss matters of sensitive nature which may include contract issues, personnel issues or legal matters. The general session portion of the board meeting is open to homeowners. Homeowners may address the Board in the homeowner forum portion of the meeting. The remainder of the meeting requires no homeowner involvement. However homeowners are welcome to remain and observe the meeting activities. Homeowners may contact management to obtain copies of the general session minutes within 30 days of each board meeting. The board meeting agenda is also posted in your association bulletin boards (if applicable) 5 days prior to the scheduled board meeting, and can also be obtained from your community manager. Homeowners are encouraged to contact their community association manager with concerns, questions or any matter they wish to discuss.

WHY IS THERE AN AGENDA POSTED FOR OUR MEETING?

The State of California instituted this Law to protect Associations. The agenda provides the owners with knowledge of what is going to be discussed at the meetings and also prevents Boards from approving secret expenses that the membership had no knowledge of.

WHEN AM I ABLE TO SPEAK AT THE BOARD MEETINGS ON A TOPIC NOT ON THE AGENDA?

Your meetings are for the Board to make business decisions. You are entitled to speak at the annual meeting and during “open forum” which takes place during the open session of the Board Meeting. Any concerns or items that you would like to be discussed and/or put on the agenda, can be submitted in writing to Management 14 days before the scheduled meeting.

I WOULD LIKE TO BE MORE INVOLVED IN MY COMMUNITY ASSOCIATION. HOW DO I GET INVOLVED?

All homeowners are encouraged to participate as non-profit entities rely on volunteer support. There are many opportunities within community associations to become involved. Community associations often have a social committee, landscape committee, rules and regulations committee, architectural review committee and many others. Involvement ensures that each individual’s voice is heard and each homeowner’s ideas are considered and applied to the extent permitted. Homeowners find volunteerism affords them the opportunity to make a difference and is a great resource in forming relationships with neighbors. Please contact your community manager via if you are interested in being more involved in your association.

WHERE CAN I GET MORE INFORMATION ON LIVING IN A COMMUNITY ASSOCIATION?

You can obtain more information on common interest developments from California’s Department of Real Estate’s website.

WHAT IS THE PURPOSE OF A RESERVE STUDY?

The Reserve Analysis lets the membership know how much money should be in the Reserve Funds. It alerts everyone to any shortage AND defines how much per unit the shortfall could be.

Tenants

WHY DO I HAVE TO PROVIDE ALL THE INFORMATION ON THE APPLICATION?

We have a responsibility to the owner of the property to find a qualified tenant. We need to verify you are who you say you, that you have established credit, verifiable earnings, and a good rental history.

WHEN WILL I RECEIVE MY SECURITY DEPOSIT ONCE I HAVE VACATED THE RENTAL PROPERTY?

The State of California allows twenty-one (21) days for the owner/manager to send you an itemized list of deductions from your deposit and a check for the remainder of the funds.

WHY ARE CASHIER’S CHECKS OR MONEY ORDERS THE ONLY ACCEPTABLE PAYMENT FOR MOVE-IN FUNDS?

These forms of payments ensure that the funds are available and we will not receive a bounced check. After you move in, we are happy to accept a personal check. However, if we ever have a returned check for any reason, you must pay the next twelve (12) months in Cashier’s Checks, or Money Order.

Property Owners

WHEN MY TENANT MOVES OUT WHAT CHARGES CAN I MAKE ON THE SECURITY DEPOSIT?

You may charge anything that is not “normal” wear and tear. We will work with you and provide recommendations on reasonable charges.

IF I HAVE A LONG-TERM VACANCY (MORE THAN THIRTY (30) DAYS) AM I STILL CHARGED MANAGEMENT FEE?

Yes, you will still be charged management fees because we are still maintaining the property and confirming that is secure and safe.

WHAT DEDUCTIONS CAN I TAKE FROM OWNING AN INVESTMENT PROPERTY?

Your CPA would be the best source to receive this information.

WHAT HAPPENS IF THE TENANT DOESN’T PAY OR BECOMES A PROBLEM?

We serve a “3 day pay or quit” on the 6th day of the month if the tenant has not paid rent.

AT THE END OF THE YEAR, WILL I GET A 1099? DO I HAVE TO PROVIDE A 1099 TO MY VENDORS?

Yes, you will receive a 1099 at the end of the year. If you use our management, we will complete the 1099 forms for all of the vendors.

WILL YOU PROVIDE BIDS FOR MAJOR REPAIRS?

Upon request, we are happy to obtain bids on major repairs and projects. We work with reputable vendors and will ensure that the work performed at your property is of the highest standard for a reasonable cost.