The Association Overview
All property owners in Klahanie are members of the Klahanie Homeowners Association (KHOA). Together they oversee the maintenance of all the common areas, manage the two swimming pools and lessons and plan community events. While others make certain that the architectural controls are followed, the assessments are made on a timely basis, bills are paid and most importantly that residents are warmly greeted when they come to the office.The office is located adjacent to the Lakeside Swimming Pool.
Governing Documents and Forms
Every HOA has a series of legal documents that define the rights and obligations of both the Association and its owners/residents. These documents establish the mechanisms for governing and funding the Association's operations, as well as setting forth the rules and standards. When considering the purchase of a home in any HOA, it is imperative that your understand the Governing documents.
As with most legal documents, there is a general hierarchy of governing documents.
On the largest scale, the federal laws are at the top of all documents, followed by the state and local regulations. The higher a documents place in the hierarchy, the greater its legal weight in a court of law. Each HOA has their own set of governing documents and hierarchy.
Covenants, Conditions, and Restrictions (CC&Rs)
At the top are the Covenants, Conditions, & Restrictions (CC&Rs), often also referred to as the Declarations. These define the limits or restrictions of the rights of ownership and apply to the land regardless of who later owns it. Each property deed has a declaration recorded which defines the bundle of rights or each owner in the association.
The CC&R's are the most permanent of the legal documents. For Klahanie, it takes a positive vote of two- thirds of all living units (3090 living units) to make a change in the CC&R terms.
The CC&R's provide the following:
Defines the portions of the development owned by the individual owners and those owned by the association
Create interlocking relationships binding all owners to one another and to the association for the purposes of maintaining, governing, and funding the development
Establishes standards, restrictions, and obligations in areas ranging from architectural control to prohibitions on various activities in order to promote harmonious living
Create the administrative framework for the operation and management of the community association-with many of the specific administrative details spelled out in the Bylaws
Provides the mechanism for financial support of the association through assessments
Provides for a transition of control of the association from the developer to the owners
Articles of incorporation
Klahanie was legally filed as a not-for-profit corporation. The Articles of Incorporation provide the terms for our non-profit status. The benefits of this filing include:
It limits the liability of individual owners for acts of the association
Entitles the association to the rights granted to all corporations under state law-useful in obtaining insurance or bring suit against another party
Makes it easier to deal with other parties, such as utilities or vendors
Grants the board of directors the same rights as all board members of incorporated entities under state statutes
The Association Bylaws address topics like:
Requirements for membership in the association
Requirements for membership meetings
Voting rights of member owners
Procedures for electing the board of directors
Procedures for the board to elect officers
General powers and duties of the board
Rules and Regulations
Klahanie has a set of rules that are able to be revised as conditions change called the Rules and Regulations. They are approved by the board of directors in order to maintain and enhance Klahanie's property values, attractiveness and desirability. The rules and regulations also define the process of dealing with complaints due to not following the rules
Aligned with the Governing Documents are the Architectural Control Guidelines for the association. The authority to enforce these controls is vested in a mandatory committee known as the Architectural Control Committee or ACC and is staffed by community volunteers. Most all the sections in the Architectural Controls deal with standards relating to the home or yards of members. In some cases, a permit must be submitted before any modifications take place in order to enforce consistent standards