Home Owner's Associations and Management Companies

The relationship between Home Owner's Associations and the Management Companies that they work with is a strong partnership. The Management Company assists the HOA in collecting dues, caring for the common areas and scheduling maintenance. The Maintenance Company may also take care of violations to the CC&Rs and assist the HOA in arbitration matters.

The responsibilities of the Management Company vary but ultimately the responsibility that they have is to add structure, continuity and support to the volunteers that make up the HOA board. Since residents come and go, and not all can participate at that level, or all the time, the management company is able to be the backbone and manage the sometimes less desirable tasks such as informing residents that they have violated an regulation and that they will be fined. It also allows the neighbors to continue to be "neighborly" when an HOA dispute comes up.

At Kuester we believe that it is our job as the HOA Management Company to follow the lead of the HOA but also to give guidance and support when needed. It is our responsibility to assist the homeowners and provide them with the best that their neighborhood has to offer. We manage HOAs all over the Carolinas, big and small and we look forward to the opportunity to serve you.

Kuester Property Management

HOA Management Carolinas

HOA Rules

Home Owners Association rules are created for the best interest of the community and vary from HOA to HOA. Failure to follow these rules can result in serious fines or legal action, so it is not to be taken lightly.

Before you plan to purchase a house in an HOA community, be sure to read through the rules and guidelines (CC&R) thoroughly. If you have an opportunity, have a chat with the neighbors regarding their experience living in the development abiding by these rules. Although some of the rules are pretty standard, different HOAs will have their own set of unique guidelines pertaining to their community and their specific common areas and "personality."

If you have never lived in an HOA community before, you might find that some of the policies are rather restricting, or even bizarre, (I remember reading through mine the first time and seeing that the HOA specifically restricted swine from residing in the homes... which made me think that at some point, someone HAD to have had a pig in the neighborhood that had caused a bit of a ruckus!)

The usual HOA guidelines include what kind of maintenance to the common will be done including the landscapes, swimming pools and play areas, and the courts or courses if they apply.

Garbage removal may be included in the HOA fees, or may not, but there will likely be a policy about keeping your trash cans out for a limited amount of time, and where they can be stored. (Garbage tends to be a big deal with neighbors). You may also be restricted to where you can park and for how long, and how late an loudly you can party outside the house.

Most of the common place regulations involve general discipline in the daily activities like throwing out garbage, mowing the lawn, keeping the premises clean, and maintaining low noise level so that one will not get the feel of living in a college apartment. This is for the general happiness and well-being of all, despite the occasional inconvenience to the individual.

Attendance at the regular HOA meetings, will give you a feel for not only why the rules are in place, but also for how to change rules too. HOAs will welcome participation from the residents and on the committees and if there is a policy you are not happy with, as a member of the community, you have the opportunity to try to get it changed!

If you have any questions about the HOAs in the Charlotte area, please give us a call at 888.600.5044.

Kuester Property Management
HOA Community Management

Why Live in an HOA Community?

I have heard it before... "Why would I want to live in an HOA Community?"

Well, here is the truth... it is not for everyone! Some people like the freedom of not having to abide by a set of rules governed by a neighborhood board -- and there is nothing wrong with that. But for others, an HOA offers security, value, organization, and support that they do want and need.

Ultimately, the purpose of a Homeowners Association is to protect the value of homes and neighborhoods within a development. This is done by maintaining common areas and holding the residents accountable for following the rules of the Association. The Association has the right to enforce maintenance and design standards like the color houses are painted and where vehicles can be parked. The point of these rules is to keep people from doing things like park cars on blocks in their front yards, or paint their front doors in polka-dots... or keep a pen of pigs in the side yard... or decide to put in a moat! Some people find this restricting, and others feel secure that a set of policies are always followed the same way by everyone!

If you are considering a home in an HOA community, you should read through the policies and ask your questions upfront so there won't be any surprises later on. But most people do find that a community with an HOA will offer more amenities and structure -- and that can be a very good thing!

HOA Community Manager
Charlotte, NC

Pros and Cons of an HOA

There is a lot a debate about the pros and cons of an HOA and a lot of it just comes down to a personal choice. Here are some "Pros and Cons" -- however, as with everything, a "pro" for you could be a "con" for someone else!

Below are five ways that an HOA is seen as a positive:

1) The HOA is beneficial to the community and maintains and pays for the upkeep of common areas, including ponds, swimming pools, tennis courts, play grounds, golf courses and club houses. It could be said that without an HOA you may not be able to have these amenities in your neighborhood.

2) Some HOAs provide services such as driveway snow removal or lawn maintenance for each residence. Perfect for busy families or retirees -- and it ensures a uniform and well-kept look throughout the neighborhood.

3) An HOA will have a mechanism to mediates disputes and quickly resolve grievances between residents.

4) An HOA will help property values to stay high by regulating the things that help keep a neighborhood looking good, (keeping garage doors closed, no cars left in driveways over night or on the street, no signs in yards, holiday decorations only left up for a month, etc.)

5) An HOA may plan annual parties, family nights, pool parties, neighborhood clean-up days, etc.

Below are five ways that an HOA may be seen as a negative:

1) Some people don't like being restricted by neighborhood rules, such as how high your grass can get before it is mowed or how many pets you can have.

2) HOAs will often have regulations about renting out the property, and may need to approve the renters.

3) Neighborhood Association dues that help maintain the common area and which go to the special events add an additional expense to home ownership.

4) If you do not pay your dues on time, an HOA can put a lien on your home or force a foreclosure on your property.

5) Some HOAs are poorly managed and a lot of times the board has a lot of turn-over. This is in part because board members tend to be volunteers with a paying day jobs and busy families. (This is why many HOAs turn to a professional HOA management company to help set and guide the rules).

In the end, your decision to move into an HOA community is one that you need to carefully consider - and each HOA is different! Be sure to read the covenants of any HOA you are considering and if you do choose an HOA community, you will always be happier with the results if you stay involved. HOAs are about and for the residents!

Kuester Property Management

HOA Management Company

Charlotte, North Carolina

Shopping for a New HOA Property Manager?

Are you shopping for a new HOA Property Management Company? Unfortunately, it is not uncommon for a Property Management Company not to meet the needs of the board and residents it serves. Sometimes the neighborhood is just too big, sometimes it is because the company over-promised--but we get a lot of new business from established neighborhoods that are just plain unhappy with the company with which they had contracted.

One of the best things that you can do if you are in the market for a new HOA Management Company is to create a complete list of "needs and wants." The Board of Directors for the HOA may do this, or a subcommittee may be created, but it is important to know what it is you are looking for and be able to articulate this to the prospective companies that present their proposals.

A lot of HOAs are cost-sensitive. And if this is the case, you should consider what you "need" the management company to do vs. what you would like them to do. It would be better to have better quality service from a reputable, experienced company which did not do everything... than a company which did everything poorly!

When interviewing the Property Management Companies, ask them how they would have handled the situations for which brought you to the decision to look for a new company! This will give you an idea of the creativity and ability of the companies AND give you an idea of how reasonable your expectations are. Your requests may be easily met--or there may be a challenge for which you had not considered. Finding the right HOA Management company is really about a partnership, and they are just as responsible for telling you what is not possible as you are for asking for what is.

Like with much else, communication is the key. Ask for what you want, listen to what can be done, and set the expectations so that everyone is on board and your next HOA Management company can be the permanent management company.

Not happy with your HOA? Get involved.

I myself live in a community - just outside Charlotte - with an HOA. The other day our neighborhood held its annual "neighborhood garage sale." It was a beautiful sunny spring day - the perfect Carolina weather!

As I sat with my neighbor (a good friend) I heard her say, over and over again, what a shame it was that the neighborhood association did not advertise the garage sale properly. She complained to herself, to her husband, to me, to the one or two people who stopped to look at the old children's toys... But fact is, we had hardly any traffic at all and it made for a very long day!

After a while I had to say something. Homeowner's associations work when the neighborhood residents get involved. And since my friend had not been on the garage sale committee, and since she did not make any effort that I could tell to help organize the event, participate, help, or lend her opinion beforehand, I truly felt that she did not have a reasonable complaint.

Many of us in Charlotte live in HOA communities and many are run well. The property management company takes care of things like the park and the pool and common area. The architectural committee approves fences and patios. But too often too much falls on too few.

If you are not happy with how your HOA is run, or how they handle the annual Easter Egg Hunt, or the color of the new playground equipment--then it is ultimately your responsibility to get involved. The folks that have taken the time and effort to step up and make the decisions for the community are not compensated. They do what they can, and sometimes that means there is no one to place an ad in the newspaper or update the neighborhood website.

Every HOA has large jobs and small jobs and if you are able--please consider doing your part. If you can't, that is fine too... but it leaves little room for you to complain when things don't go the way you would like!

Property Manager
Kuester Property Management

There are No Stupid Questions

There are no stupid questions…

When people buy a home in a neighborhood that is governed by a homeowners association (HOA), there is always a slew of questions that come up…And that is okay, Frankly, we expect them and are shocked when people don’t have questions, If you are the type that feels uncomfortable asking questions – we thought we’d answer some of the basics for you here!

What is a HOA?

A homeowners' association (HOA) is an organization created for the purpose of developing and managing homes. Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations is minimal, and mainly takes the form of laws, which are inconsistent from state to state. An HOA provides people with shared neighborhood values, an opportunity to enforce regulations, consistent with overarching statutory constraints, to achieve a community representative of such values. The HOA is financially supported by all members of the homeowners association. Membership is both automatic and mandatory.


Why do I have to pay Association Fees and what do they cover?

Association fees are used by the HOA to pay for any costs that are incurred to common areas. These common areas can vary from association to association – but they can be pools, courtyards, parks, gates, playground, equipment and many many more items. Many homeowners' associations include management of a development's recreational amenities, maintained for exclusive use of its members. This can allow an individual homeowner access to a maintained pool, clubhouse, gym, tennis court or walking trail that they may not be able to otherwise afford to maintain on their own.. Talk to your association leaders and management about what your money is actually going toward… But yep – you gotta pay those fees…


What is a "managing agent"?

The managing agent is a person, or more likely, a company hired by the HOA’s Board of Directors to the day-to-day operation of the Association. You didn’t think the HOA is doing the lawn mowing and fence painting themselves, did you? They would, but they are home-owners too and they have day jobs as well. So to make sure that everything runs smoothly and swiftly, they hire the managing agent to implement the policies and decisions that the Association has decide upon. Here at Kuester Management Group, that is OUR role. It is our job to serve any Association, big or small, as a Managing Agent.

CC&R’s: Covenants, Codes and Restrictions.

You shop around, look at several properties (old and new) and you finally decide on a brand new home in Charlotte. You decide to buy a home in a great new subdivision, and you discover that you to do so, you are now part of a homeowners' association. Homeowner’s associations (HOA) have great pluses, and some small drawbacks. One of the drawbacks, is that homeowners' associations exercise a lot of control over how you use your property, (which is also a positive for HOAs!) The transfer deeds to houses in new developments almost always include limitations on how the property can be used. Usually these limitations -- called covenants, conditions, and restrictions (CC&Rs) – place a majority of the power in the HOA.

With every homeowner's association, you have a different method of operations. Some HOAs will prove to be more iron-fisted others will be more relaxed. Much depends on the officers, (and so if you have issues with any of the CCRs, your best course of action is to participate in the HOA). There is a big range, and you will find one that works for you. Regardless of how strict the association is, you will find that most HOAs are operating only to increase and protect the home values of their members.

Before you buy that home – check out those CC&Rs. Read the CC&Rs very, very VERY carefully before plunking down any cash. If you have questions or concerns, ask questions and get legal advice. It might sound a bit scary, but you are protecting yourself. And remember, you should be confident that the CC&Rs enhance and not neuter your lifestyle. CC&Rs traditionally can (but not limited too) restrict :

1) Color you paint your house.

2) The color of the curtains or blinds visible from the street

3) Front yard landscaping

4) Where you can hang laundry, or if you can hang it.

5) Prohibit certain vehicles being parked in the driveway or street

6) Garages facing the street need to be kept neat

While to some, that may sound controlling, generally HOAs work hard to keep their membership happy.

If during your residence you discover that you need to make a change in your property, - and it is one that is restricted by the HOA – you do have a final recourse.Waivers to HOA rules are tough to obtain, but they are not impossible. The process is different from association to association, so do some checking before you buy your property. If you want to make a structural change, like building a fence or swimming pool, or adding an addition, you'll probably need formal permission from the association. But, here is a general and speculative idea of what you might have to do:

1) Submit an application for a variance. A written application.

2) Get your neighbors' permission – both/ all your neighbors. The more people on your street behind you, the better.

3) Be prepared for a formal hearing. You may also need to go up in front of you zoning board too.

We have written at length before about HOAs. WE cannot stress enough how important they are to some communities. They are not designed to be bad guys, they are there to be of assistance to home owners. Find one that you fit into, and it might be one of the best relationships of your life!

Property Manager

www.kuester.com

The Kuester Companies, a leader in all forms of HOA management in North Carolina and South Carolina was established to be involved in the management of Homeowner’s Association properties, to include mixed-use developments, town homes, and residential communities. This branch of the company fills a unique niche in the Real Estate market because we have established a proud history of providing management services in Charlotte and surrounding markets. Those throughout the North Carolina homeowners association management community know and recognize Kuester as a leader in the Charlotte HOA, Columbia HOA and Charleston HOA management arenas.

Are HOA Neighborhoods Worth It?

Dear Property Manager:

IT Seems like suburbs in many parts of the country, including the Charlotte suburbs are full of developments with HOAs. What are the benefits and pitfalls of living in HOA development communities vs. just buying a house in a "regular" neighborhood?

Is it getting harder to find "regular" non HOA neighborhoods to live in in the suburbs of Charlotte? What is the appeal?

Ken - Fort Mill

Dear Ken:

It is possible to find houses not in a regulated HOA community in and around Charlotte, and you may find that they are less expensive than similar HOA homes, however there are pitfalls.

When a person moves into an HOA neighborhood they agree to the covenants of the neighborhood. They agree not to have more than say 5 animals in the home, or not to have a horse in the back-yard, or not to paint their front door purple. The rules of each neighborhood differ but they are designed to protect the homeowner, the value of the property and the neighborhood.

As a homeowner in an HOA neighborhood, you are given the opportunity to vote for changes in the rules and regulations, as well as participate on the committees that determine how much of the budget goes to things like common area maintenance or special projects, and what the covenants are. But majority rules, and you have to live with what the majority votes for--that is what you agree to when you move into the neighborhood.

The benefit to an HOA is that things are kept at a known norm. If the neighbor puts up a 12 foot fence all around his property, he will be fined and made to remove it. If he parks 3 rusted out Buicks in the back-yard he will be asked to move them, fined if he doesn't and potentially sued by the HOA if there is further non-compliance.

The down-side for you is if you are the kind of person who doesn't think they need any one's permission before digging a moat around their home, you will be the one who suffers the consequences with the Property Management company and the HOA. But for the most part, an HOA is a good thing, for most people they make sense, and that is why they are worth it, and that is why HOA neighborhoods are so popular!

I hope this answers your question!

Property Manager
Kuester Companies
HOA Property Management Company

What does an HOA cost?

Dear Property Manager:

I was recently elected to our HOA board and we are considering changing property management companies. Can you tell us what the average cost per resident is for HOAs? And besides the basic services, what can an property management company do? Can we include these in our request for proposal?

Kim T. HOA President

Dear Kim

I cannot give you an "average" cost per resident since the cost of HOA management service is directly related to the scope of the work the management company does...and this can vary. You and your board need to develop a scope of work and request proposals from at least three qualified management companies in the Charlotte area. Make sure that your prospects specialize in HOA management, and will offer references. But make sure to provide them each with the same list of "wants and needs." Some companies, (such as Kuester) now offer online applications for the residents to track their HOA dues status and other neighborhood information. This is a great option and should be something your candidates offer.

As for the "what" and HOA can offer, here is a link to the HOA services that Kuester provides. This should give you a good idea of what you can expect and what you can request when you fill out your RFP.

Best of luck and please contact me if you have any additional questions about HOAs!

Property Manager
www.kuester.com

News: Kuester Names Among the 10 Largest Real Estate Firms in Charlotte

We are pleased to announce that Kuester was named among the top 10 largest real estate firms in the Charlotte-Metro area.


The Charlotte Business Journal ranked the Kuester Companies #8 in terms of local employees and #25 in terms of commission-only brokers.

Besides our strong presence in Charlotte, we also have offices in Boone, Fort Mill, Myrtle Beach, and Concord.

If you would like any information about Kuester, property management, HOA's, or available property in our service areas, please contact us at: 888.600.5044.

The Relationship between the Board, HOA Management and the homeowner

 It is sometimes found in the Charlotte HOA management industry and beyond that the property management company is looked at as the "bad guy" due to the requirement that it send written notification to homeowners where there is a violation of the Association Covenants and Restrictions. Most times, the first contact that a homeowner may receive from one of our Charlotte property managers at Kuester is a courtesy letter.  This letter is not a violation notice, just an initial communication from us to let the homeowner know that something might be going on that they need to look at before it gets worse.  When communicating with homeowners, we constantly encourage them to remember that we are contractually bound to partner with the Board of Directors in its fiduciary duty to uphold the Association's Covenants and Restrictions in the manner that is described by South Carolina or North Carolina homeowners association law.  We always strive to work in a friendly manner to meet the challenge of dealing with homeowner’s concerns or possible escalating problems by acting as mediator so neighbors need not deal with neighbor issues.  In the South Carolina and North Carolina property management and HOA management industry, we feel our superior communications and service make us the best.  Give us a call today at 888.600.5044 to discuss how we may be of assistance to your community or homeowners association.  You can also visit our website.

Homeowners Association (HOA) Management

Dear Property Manager:

I have been involved in my homeowner's association in Charlotte for the last 5 years and I have enjoyed working with Kuester (our HOA management company) on many of the issues that have arisen over that time.

I have been impressed with how the Kuester team has interfaced with the residents, and gotten things done along the way--so much so that I am interested in learning more about HOA management and perhaps making this my next career move. 

Can you recommend any books or resources that may be a good place to start as I look at HOA management? Any ideas you have would be very beneficial.

Heidi K - Charlotte

Dear Heidi:

If you’re involved in any facet of Homeowner AssociationManagement, a great resource for you to know about is theCommunity Associations Institute Bookstore . Community Associations Press publishes the largest collection of books and guides on community associations available covering a wide range of topics not found in traditional bookstores.

Some of their top sellers include:

· Community Association Leadership: A Guide for Volunteers

· Reserve Funds: How & Why Community Associations Invest Assets,

· Be Reasonable! How Community Associations Can Enforce Rules Without Antagonizing Residents, Going to Court or Starting World War III

· The A-B-C's of Parliamentary Procedure.

· Conducting Meetings: A Guide to Running Productive Community Association Board Meetings

Topics covered in their selections are Disaster Management, Environmental Issues, Finance, Legal Resources, Maintenance, Professional Development, Research & Statistics, Resources for Board Members, and many more subjects critical to managing Homeowner Associations. 

Those planning to take the CMCA exam can also order a study kit with the six books of essential readings suggested to pass the exam.

Most items on the website are available for purchase to both Community Associations Institute Members and Non-members, but if you choose to become a CAI member, you’ll be eligible for significant Member discounts on books as well as all of the benefits and resources available to CAI Members.

Best of luck and enjoy the reading,

Charlotte Property Manager

Kuester.com

What is an HOA?

Here is a little info in on North and South Carolina Homeowners Associations:

A homeowners' association (HOA) is a legal entity created by the real estate developer of a development for the purpose of building, managing the neighborhood and selling homes.

An HOA allows the developer to cleanly exit financial and legal responsibility of the community when they are done, (or as they are finishing development) usually by transferring ownership of the association to the homeowners in the community after selling off a predetermined number of lots.

The pros and cons vary from community to community, state to state, however in general, having a HOA that is looking out for a neighborhood's common areas (pool, ponds, common areas, parks, etc.) as well as for the value of the neighborhood as a whole is a good thing. While it may seem (and be) restrictive to have limits on home colors allowed or what kinds of fence you can build, no one wants to be next door to the family that decides to put up a 12 foot metal wire fence around their home, or run their part-time car-repair shop in the front yard. HOA's help keep the overall value of the neighborhood high and help keep order and solve disputes amongst the homeowners.

Our advice is always to check out the HOA rules and regulations before you decide on a neighborhood, ask any questions you have ahead of time and keep an open line of communication with your Realtor as you are finding the perfect new home.

If you have any more questions, please let us know.  We are very experienced in the Charlotte HOA arena and would love to answer any question you may have. 

Property Manager - Charlotte
www.kuester.com