Frequently Asked Questions
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HOA Structure
Q.- What exactly is an HOA or Homeowners Association?
A. – An HOA or Homeowners Association is a legal entity created to manage and maintain the common areas of a community and facilitate and ensure adherence to its documents by its members. In Fawn Lake these “common areas” consist of things like the pool, playground, ponds, and HOA-owned land. Our HOA consists of a subdivision of single family homes which was set up by the original developer of the community (Centex Homes) with a set of rules called the “Declaration” which in addition to the amendments, bylaws and Guidelines are otherwise known as the “Association Documents”.
Q.- What is the purpose of having an HOA?
A. – One of the primary functions of the HOA is to enforce and ensure that these “Association Documents” are adhered to by the individual homeowners. The guiding principals of these regulations are normally to help maintain property values and to a certain extent, the quality of life within the community by maintaining recreational areas, bathrooms, common area landscaping and pond care, amongst other things.
Q.- What are some attributes of our HOA?
A. – As is customary, our HOA is a non-profit corporation (meaning it does not seek to make a profit from its members) with a set of bylaws and the authority to enforce those bylaws, including things like architectural and design standards.
Membership is mandatory for all property owners.
Dues are collected only once a year, not monthly. No installment plans are available.
We have a Board of Directors that consists of volunteer homeowners, elected by fellow HOA members (all homeowners).
Our HOA hires what is known as a property management company (picked by the Board of Directors) to do things like maintenance, violation enforcement, bookkeeping, and dues collection.
Our HOA uses this website, the reader board at the entrance of the community and also periodically publishes a newsletter to communicate any notices or activities to the fellow members.
Q.- What does the Board do? Who is on the Board?
A. – The Board of Directors is comprised of fellow homeowners who are elected by other Fawn Lake homeowners to serve as volunteers in assisting the community with HOA matters. They are not allowed to obtain any compensation nor benefits for their service, not even by the use of any Board-member owned business. The Board of Directors oversees monthly meetings where Association matters are discussed and decided upon. Contrary to popular belief, it is not a responsibility of the Board of Directors to patrol the community to issue citations. The main focus of the Board of Directors is to ensure that the management company enforces the HOA’s adopted Association Documents just as written, as fairly, efficiently and consistently as possible. The Board does NOT have the ability to change the Association Documents by itself. The Board of Directors should not make decisions based on subjective opinions nor emotion. Doing so inevitably leads to selective enforcement which, aside from being unfair to those denied, exposes all homeowners to lawsuits and potential economic liability.
Q.- What is the Management Company and what do they do?
A. – The Management Company is hired by the HOA (selected by the Board of Directors) to do things like common-area maintenance, violation enforcement, bookkeeping, and dues collection. The management company handles the processing and archiving of Architectural / Exterior Alteration applications, communicates with vendors to obtain quotes and to perform services. The Management Company will typically assign one of their employees as our “Property Manager”.
Q.- What does the Property Manager do?
A. – The Property Manager is an employee of the Management Company which has been assigned by them to assist our community’s HOA. They serve as a liaison between the HOA and its vendors (contracted companies that perform services for our community, such as landscapers, painters, pool cleaning, pond maintenance, etc). The Property Manager is also the first point of contact for community homeowners who have HOA-related questions. It is the Property Manager’s responsibility to inspect all homes in the community on a regular basis and to issue violation notices upon finding any issue considered to be outside of the current Association Documents. The property manager also re-inspects to determine if a violation matter has been resolved appropriately, and escalates said matters to attorneys for assistance as necessary. The Property Manager attends the monthly Board of Directors’ meeting to review, discuss and plan HOA matters as listed in the meeting’s agenda.
Q.- What does the Architectural Control Committee (ACC) do?
A. – The ACC is made up of fellow homeowners appointed by the Board of Directors. The ACC meets once a month to review properly submitted Architectural exterior alteration applications and, if found to be in compliance with Fawn Lake’s Association Documents, will then recommend to the Board that said applications be approved.
Q.- How can a homeowner communicate with the Management Company or the Board of Directors when an issue arises?
A. – Your first point of contact for any association related matters should be the Property Manager. Their contact information is in the column on the side of this webpage. It is also in any violation notice received, and is also listed in the community newsletter. If the Property Manager does not provide you with a timely response, feel free to email the Board of Directors at: BoardofDirectors at FawnLakeHOA dot ORG. Please keep in mind that Board members are fellow homeowners who volunteer their time aside from their day-to-day lives so it may take several days to obtain a response. Please do not present any association matter to an individual Board member that you happen to see in person in the community since it is not appropriate for these discussions to take place without all Board members present.
Q.- I want to attend an HOA Board Meeting. When and how often does the Board of Directors meet?
A. – The BOD monthly meeting is typically held the last week of every month (except during the November-December holiday season when it is held about one week earlier). Occasionally, it can be rescheduled due to lack of quorum or unavailability of the Property Manager or of the meeting location. The exact place, time and date is always posted on the front reader board at the community entrance, and can also be found here on the association website calendar.
Q.- How can I determine if living in an HOA community is right for me?
A. – No doubt, living in an Homeowner Association governed community is not for everyone. People who are against HOA’s cite things like: mandatory fees and assessments, and what they perceive as unilateral authority with no room for recourse with rules that are too restrictive. Those in favor of HOA’s generally cite the fact that HOA’s protect the property values of individual homeowners, create a great community environment, and provide essential services such as recreational facilities and certain security features.
Q.- What should I do before buying a home in Fawn Lake?
A. – Thoroughly read and examine all of the Association Documents which can be found in the “Documents” section of this website, since these are what govern the community. Make sure you can live with and abide by them before you buy.
Attend a meeting and inquire when the most recent audit or financial review was done. Find out what the yearly dues currently are and make sure you can afford them in addition to your other home-related expenses.
Find out if a reserve study has been done for repair or replacement of major common-area components, such as the swimming pool, playground, common areas, HOA-owned walls and/or fencing, monument signs and other facilities… and inquire as to how the reserve requirements are funded. Find out if there is any litigation pending against the HOA. Determine the last time and how often dues have been raised. Find out if there are any special assessments pending. Again, if possible, attend one of the monthly Board meetings to see how things are being run in general and the tone with which violation matters are handled.
Lastly, compare the prices of similar sized homes in the general area that are not in an HOA governed community, visit both types of communities and see if the value difference is worth it to you.
Architectural – Request for Exterior Alterations
Q.- Which projects require me to fill out an Architectural exterior alteration application?
A. – First of all, thank you so much for asking beforehand! Any external repair, modification, or enhancement will typically require approval by the Architectural Control Committee (ACC) and Board of Directors at their respective meetings. The most typical projects are pre-printed as options on the application form which can be found in the “Documents” section at the top of this page. Don’t fret, if you submit an app for a project that didn’t require it, your fee will be returned to you. You can also email your question to the Property Manager first so as to inquire ahead of time.
Q.- What do I need to do if I am planning to make an exterior alteration to my home in Fawn Lake (exterior house painting, new roof, etc.)?
A. – Please visit the Documents section here on our community website and download an Architectural Exterior Alteration application. Complete it (making sure to send any required items such as paint chips or shingle information) along with the listed application fee.
If you are not sure whether your project needs ACC approval or not, please contact the Property Manager first to inquire. If you submit a form for a project that does not require one, the form will be returned to you as well as your payment.
Q.- How soon can I get my approval?
A. – Unless otherwise posted, the Architectural Committee meets the 3rd week of every month (see calendar or front reader board for exact date). Complete applications (including all required elements listed in the app and appropriate fee) must be submitted, reaching the Property Management office no later than the Monday prior to that month’s Architectural Meeting. Once approved, it will then be forwarded to be considered by the Board of Directors at its monthly meeting, typically the week after, unless posted otherwise or if rescheduled due to lack of quorum. Once approved by the Board, the management company is instructed to issue an approval letter to the homeowner, which they typically do within a few days of the Board’s meeting. Please do not begin your project until you have received your approval letter. Incomplete applications are not sent to the ACC for consideration.
Q.- I just found out I have next week off and it would be great if I could use that time to paint my house. Can I get an emergency approval?
A. – To be fair to all homeowners and to our volunteer Architectural Committee members and fellow Board members, all exterior alterations must follow the complete application process in the prescribed timely manner. Of course, in emergency situations where the entire community has been affected (hurricanes, brush fires, etc) the Board may waive or streamline certain parts or all of the process, in such a situation said change(s) would be communicated to all homeowners.”
Q.- Do I still need an app if I'm painting with the exact same colors I already had before?
A. – Yes. Once you paint, the refreshed colors will appear different than prior to painting. The only way the Board can ensure other homeowners that this new color was indeed approved is by following the application process.
Q.- I want to paint the exterior of my house in my favorite color which is not included in the list of approved colors for the community. Is it OK to proceed so long as it looks nice?
A. – No, please do not. To avoid unequal treatment, it is important that we all limit ourselves to the options that we agreed to when we purchased our homes in a deed restricted community. If the Board approves one single color (as beautiful as it might be) outside of the approved list, it loses its ability to prohibit colors that might not be agreeable to others at all. The proper approach would be to submit the color to the Board so that it may be considered for inclusion in the approved colors list during the next modification of the architectural guidelines.
Q.- Why was my architectural request denied if the result will be beautiful and will certainly increase the value of my home?
A. – To preserve the efficacy of our HOA and its Documents it is extremely important that we abide by the conditions that our association documents impose upon every homeowner just as they are written. Unfortunately, this means that projects that are outside of the parameters allowed by our documents cannot be approved, even if they would surely be aesthetically pleasing and value-adding.
If you believe that changes should be made to allow for new features, projects, materials, etc., then the solution is not for the Board to ignore the current regulations, but rather for homeowners to have the association documents amended. The process to accomplish this is listed in Article VII Section 6 of the association documents themselves.
Q.- Can we make updates or changes to Fawn Lake’s Architectural Guidelines?
A. – The Architectural Guidelines are drafted by the Board of Directors as a means to provide specific parameters for the restrictions contained in the association documents and also to attempt to eliminate any ambiguities as much as possible. They cannot be used to contradict anything contained in the association documents. Beyond that, minor changes can be implemented (for example, an approved color that is discontinued by the manufacturer being substituted for the next closest one). This requires that the Board draft an amended Architectural Guidelines document and proper notice is then sent to all homeowners prior to its implementation. As a general practice, to avoid disparity of treatment and the dangers of selective enforcement, it is not advisable to make drastic changes to the Architectural Guidelines in a way that would make what was previously considered a violation suddenly be acceptable. The proper method to implement that type of change is through the amendment of the Association Documents, as described in Article VII Section 6 of the Association Documents themselves.
Violation Notices
Q.- I just received a 1st violation letter from the management company. What do I need to do?
A. – Communicate. Communicate. Communicate (in writing)! Please don’t consider the notice as a personal attack, but rather as a friendly reminder that something might have slipped out of your radar (it happens to every single one of us, yes, even Board members!). At this point, there are no fees involved. The very best thing to do is to send an email to the property manager letting them know what you plan to do regarding the violation and when you plan to do it. If it was a simple matter and you already corrected it, let them know that as well. The violation letter states that every homeowner is responsible for communicating that the issue has been resolved. Please don’t assume they will just close your violation during the next inspection. By communicating promptly and clearly, you avoid the possibility of them sending a 2nd notice which then begins to incur fees.
Q.- I got a violation letter for a dirty mailbox. This seems so insignificant and trivial. Why did the management company send me this violation letter?
A. – Please don’t consider the notice as a personal attack, but rather as a friendly reminder that your mailbox’s condition might have ever so slowly slipped out of your radar (it happens to every single one of us, yes, even Board members!). While some violations may seem to involve trivial matters, please remember that to avoid the pitfalls of selective enforcement it is critical that the HOA enforce all rules and guidelines equally, from the simple to the most serious. Remember, at the point of the 1st violation notice, there are no fees involved. The very best thing to do is to send an email to the property manager letting them know what you plan to do regarding the violation and when you plan to do it. If you already corrected it (don’t forget to give the mailbox post some TLC also), let them know that as well. The violation letter states that every homeowner is responsible for communicating that the issue has been resolved. Please don’t assume they will just close your violation during the next inspection. By communicating promptly and clearly, you avoid the possibility of them sending a 2nd notice which then begins to incur fees.
Q.- Why do I get a letter for petty things when I see homes going many months with far more serious issues?
A. – There are a few possibilities, but in all likelihood, the home in question is in fact receiving violation notices and having their issue escalated more and more, perhaps all the way to attorney status. Most homeowners respond immediately to a first violation notice (with zero cost nor consequences) and others take longer. Then there are a few who take much, much longer and may give the impression to others that their violation condition is being ignored by the HOA, when in fact, the issue is being handled using the procedures at our disposal. If you believe a violation is not being enforced, please contact the Property Manager to inquire.
Association Documents, Deed Restrictions, Amendments and Bylaws
Q.- Some of our deed restrictions are outdated or plain silly! Can we make updates or changes to Fawn Lake’s association documents?
A. – Absolutely! Though it’s not exactly easy. According to the Declaration of Covenants and Restrictions of Fawn Lake, Article VII, Section 6, the Declaration can be amended during the first 25 years of the HOA’s establishment by calling a meeting and obtaining a vote in favor of the proposed change(s) from at least 90% of all members entitled to vote. After the initial 25 year period, the threshold is reduced to 75%. Please refer to the Association Documents for more information.
Q.- Why is there no apostrophe when writing the full form of 'HOA' in our governing documents and communications?
A. – First of all, thank you for noticing! While we wholeheartedly agree that possessives do take apostrophes, not all missing apostrophes are actually missing. Sometimes a term like homeowners or taxpayers or teachers is intended to be more of an adjective than to indicate possession. There has been much debate over this subtle distinction and even respected style guides differ in their recommendations. In conclusion, we could say that we are following the suggestion of the Associated Press style guide which points out that “The apostrophe usually is not used if ‘for’ or ‘by’ rather than the word ‘of’ would be appropriate in the longer form.” While we would like to say that we are guided by a specific rule, in reality, we also need to consider the fact that our articles of incorporation and all drafted community documents omitted the apostrophe. Adding it would take something akin to an act of Congress. So, it’s easier to say: “the AP style guide says it’s ok.”
Q.- Can we make updates or changes to Fawn Lake’s Architectural Guidelines?
A. – The Architectural Guidelines are drafted by the Board of Directors as a means to provide specific parameters for the restrictions contained in the association documents and also to attempt to eliminate any ambiguities as much as possible. They cannot be used to contradict anything contained in the association documents. Beyond that, minor changes can be implemented (for example, an approved color that is discontinued by the manufacturer being substituted for the next closest one). This requires that the Board draft an amended Architectural Guidelines document and proper notice is then sent to all homeowners prior to its implementation. As a general practice, to avoid disparity of treatment and the dangers of selective enforcement, it is not advisable to make drastic changes to the Architectural Guidelines in a way that would make what was previously considered a violation suddenly be acceptable. The proper method to implement that type of change is through the amendment of the Association Documents themselves, as described above.
Common Community Concerns
Q.- Can't we install a gate at the entrance?
A. – Despite there not being any “outlet roads” in Fawn Lake, our streets are County-owned roads whose maintenance and repair is the responsibility of the County. Blocking access to our roads would require them to be privatized and for the HOA to maintain said roads ourselves. An estimate done several years ago determined this would cost each homeowner tens of thousands of dollars to accomplish. In addition, automated gates do not inhibit wrongdoers from entering by simply tailgating an authorized vehicle. Meaning that a 24 hour security guard, and the tens and tens of thousands that implies would be necessary to have meaningful security.
Q.- Which days of the week does garbage and/or recycling get collected? How about yard waste?
A. – Regular (non-recyclable) garbage is collected on Tuesdays and Fridays. Recycling and Yard waste are collected only on Tuesdays.
Q.- What can be done about all of the street parking?
A. – All streets in Fawn Lake are County roads. Legal parking is allowed on every street. If someone is illegally parked (blocking hydrant, vehicle in opposite direction of traffic) you may call the Sheriff to assist (please use their non-emergency number).
Q.- What can be done about cars parked on driveways blocking sidewalks?
A. – Sidewalks are County property. To assist with this issue, please call the Sheriff at their non-emergency number. Keep in mind that them enforcing this issue will lead to more street parking.
Q.- What can be done about speeding cars?
A. – With all Fawn Lake roads being property of the County, we are not allowed to install speed bumps nor other slowing devices on our own. We have contacted the County in the past for speeding assessments to be done, where they place hose triggers across certain streets or radar speed measuring equipment. However, after these were performed the County determined we did not have a speeding issue that merited more speed bumps.
Q.- Can the HOA limit who can rent here?
A. – Our Association Documents do not have provisions prohibiting nor even limiting the renting of homes, nor do they require HOA approval of tenants nor of owners for that matter.
Q.- I believe there might be criminal activity going on at a certain house, can the HOA do something about it?
A. – As mentioned in Article II Section 8b of the Association Documents, the Association is not empowered, and has not been created, to act as an entity which enforces or ensures the compliance with the laws of the United States, state of Florida, Hillsborough County and/or any other jurisdiction or the preventions of tortious activities. In summary, the HOA does not have jurisdiction nor resources to handle criminal matters. Please contact the Sheriff, or relevant law enforcement agency, for assistance. If you believe there is an appropriate way for the management company or HOA to assist, please contact the Property Manager to inquire and we will be glad to help.
Disclaimer
This page is the contribution of a group of volunteers to present common Fawn Lake HOA questions and their answers in layman’s terms, particularly for those who find it difficult to navigate the Association Documents. The information given here is not intended to be exhaustive, authoritative, absolute nor compelling. If there is any discrepancy between what is presented here and any Association Documents or other official HOA and/or Management Company communications, it is the latter which control and not this FAQ page.