FAQs Community Asset Management, Inc. Property Owners Associations Q. What is a Property Owners Association? A. Owners Associations are typically Non-Profit Corporations, organized for the purpose of providing municipal services and preserving amenities for the owners in the community. The corporation is established by governing documents (Articles of Incorporation) filed with the State of Texas. It is managed/overseen by a Board of Directors (the Board), persons who are usually elected volunteers. The Directors are answerable to all the property owners (stockholders) in the corporation. Q. What is CAM? Community Asset Management (CAM) is a separate corporation, contracted as a managing agent for property owners associations. CAM does not make decisions for your community. It operates by the directives and under the supervision of the Board of Directors of your community. Q. Did I elect to become a member of the homeowners association? A. No. Membership is not optional; you accepted it when you accepted the deed to your property. Membership passes to the next owner when the property is sold. Q. What are Deed Restrictions? A. All properties in a restricted community are subject rules which place restrictions on the deed to the property. The rules, “deed restrictions”, were designed by the Developer to preserve property values and to protect and maintain the quality of the neighborhood. When an owner accepts the deed, it is accepted with the provision that there are restrictions in favor of the community; no owner may escape the restrictions by virtue of non-use of the services provided by the homeowners association. Q. What are Governing Documents? A. The corporation is governed by (in order of controlling hierarch): Covenants, Conditions and Restrictions (“CC&Rs”), restricting the land; Articles of Incorporation, establishing the right and limitations of operating as a corporation; By-Laws, designating how the Board of Directors operates. In addition, communities may adopt rules and architectural guidelines to clarify how the Association will administer the CC&Rs. In order to be valid, all governing documents must be filed of record in local real property records. Assessments Q. What are assessments? Assessments are fees established by the CC&Rs to provide operating funds for the corporation. Assessments run with the land, usually paid on an annual basis. Assessments are not ad valorem taxes. Q. What are the assessments used for? A. The assessments are used to provide municipal services. Many communities are located in unincorporated areas where there would be neither municipal services nor amenities without collection of an annual assessment from each owner. Q. Can assessments be paid over time? A. Yes. Provided your account is not severely delinquent (more than a year), you may request approval for a pay plan by using the form designed for that purpose, downloadable from this website or from your community’s website. While Association approval of, and conformance with, such a plan will protect you from collection measures, please remember that interest will continue to accrue on the unpaid balance. Q. What are “CAM Fees”? A. This is a term we find penned on statements and correspondence. “CAM Fees” do not exist. Property owners pay annual assessments to their community, not to CAM. Payments which are made out to “CAM” will only slow down the posting process, because they must be endorsed over to your community. Use Restrictions Q. What are Use Restrictions? A. A significant portion of the CC&Rs is dedicated to rules which control the use of all properties in the community. While they do restrict how owners may use their properties, they also insure that a vacant residential lot in the community cannot be developed into a service station. They also specify the parameters of residential construction (architectural control). Q. Do I have to get permission to improve or change my property? A. Yes. Written approval from your association must be obtained before any improvement or change is begun. Failure to obtain architectural approval prior to construction could result in grief and additional expense should your project not be in conformance with the association’s architectural guidelines. Most communities provide downloadable forms which make it easier for you to gain approval. However, be advised that the approval will not be instantaneous. Architectural review committees need some time to rule and respond, so give yourself plenty of time for approval before you invest in materials or engage a contractor. Q. Can the Association control properties that don’t look good? A. Your homeowners association is empowered to enforce architectural and maintenance standards. In addition, in most communities, the Board of Directors of your HOA has the power to determine what constitutes a nuisance to the community. The Board must, however, avoid using this power to enforce matters of taste. Property Rights Q. Who is responsible for repairing the fence between my house and my neighbor’s house? A. Once a fence is installed on or near the property line, it becomes more-or-less jointly owned. As time passes, it doesn’t matter which side the pickets are on, nor who actually paid for the fence; rather it becomes the joint responsibility of the adjacent owners. On many properties, fences are not required. Q. There is an easement on my property. Is it my responsibility? A. Yes. An easement is an area typically dedicated to current or future use by utilities. While they guarantee ingress and egress by the utility company, they are still part of your property, and they must be maintained by the owner of the property without restricting availability to the utility company. Community Services Q. Who controls the terms and performance of trash pickup? A. In many cases, your homeowners association contracts for trash pickup for the entire community. In some cases, the contract is held by the local utility district for your community. Q. Who is responsible for drainage ditch concerns? A. Mowing and maintenance of the ditches is the responsibility of your local utility or flood control district. In Harris County, responsibility is that of Harris County Flood Control District (713) 684 4000. Q. Who is responsible for road maintenance, sign maintenance, and street sweeping? A. Unless yours is a gated community, these are the responsibility of the county in which you live. Harris County Road and Sign Maintenance may be contacted at (281) 446 2532. Q. What can we do to control loose animals, barking dogs, etc.? A. In Harris County, you may report loose animals, nuisance animals, and/or maltreated animals to Harris County Animal Control (281) 999-3191. Provided you are certain of the address of the pet, persistently loose animals or constantly barking dogs may be reported to the Association’s office. Well-documented complaints may also be pursued through deed restriction enforcement measures.