Your Association

What is a community association?
A community association can be a homeowners’ association (HOA) or a condominium owner's association (COA). These associations are not-for-profit corporations that serve as the governing body of a residential community.  An HOA may oversee a townhome or single-family development, while a COA will oversee a condominium community. 

How are community associations formed?
HOAs and COAs are typically formed by the community developer.  Initially the developer (often called the "declarant") operates the association, assuming financial responsibility and retaining voting and governance rights.   The responsibility to operate and manage the association is transferred to homeowners at turnover, which typically occurs after selling a specified number of homes or units. 

What does the HOA or COA do?
HOAs and COAs are created to operate and maintain community common property, deliver community services and protect the community’s property values by enforcing the community's governing documents. The associations will contract with vendors to ensure that the common grounds are maintained, purchase insurance to cover liability risks and damage to association property, maintain procedures for inspecting member properties and enforcing the restrictions set out  in the governing documents, prepare an annual budget, collect assessments to pay association expenses, ensure community infrastructure such as storm water detention areas and storm sewers are operational and property maintained, and a multitude of other responsibilities necessary to promote the health, safety and welfare of the community residents.

How do I become a member of my community’s HOA or COA?
You automatically become a member of the HOA or COA for your community at the time you purchase your home. Once you buy a home in a community with a HOA or COA, your membership in the association is mandatory.

Who runs the association?
HOAs and COAs are run by a Board of Directors.  The Board of Directors is comprised of homeowners who have volunteered to stand for election to leadership or member roles. They can also be individuals appointed by the developer to manage the community while it is under developer control and to facilitate turnover as the community approaches completion. The Board is comprised of officers, who typically include an elected president, vice-president, treasurer and secretary, as well as non-officer Board members.  Board officers and members serve the community by making and enforcing the association’s governing documents, collecting dues and ensuring its facilities and common areas are well managed, maintained and attractive. Often, the Board will delegate some of its responsibilities by establishing committees. Committees can be delegated the responsibility for architectural control, reviewing violations and fines, preparing newsletters, and more.

What is the best way to communicate with the Board of Directors?
The best way to communicate with the Board of Directors is to attend a meeting.  Owners are given an opportunity at each meeting to address the Board.  For the date of the next meeting, check the event calendar, in your community portal.

What rights and obligations do I have as a member of a community association?
Your membership entitles you to voting rights, which give you a voice in electing Directors and in setting the rules, policies and regulations that affect your community.  You have a right to enforce the restrictions that encumber your community.  You also have an obligation to comply with those restrictions and failure to do so may result in fines or other penalties.   All association members are required to share the costs of operating and maintaining your community’s common areas, equipment and amenities.  These services are paid for by assessments or fees, which each unit owner is required to pay.

Can I receive my notices from the association by e-mail?
Yes, but to receive official notices by e-mail you must give your consent by registering.  If you would like to be considered for electronic notices, you can register on the community portal.

Who is entitled to vote?
The property owner with legal title to a lot or unit and verified as an association member in good standing is entitled to vote at the annual meeting of the membership.  Typically, each lot or unit gets one vote, although votes may be weighted differently if specified in the governing documents.   Where a lot or unit is owned by more than one person, they must agree on the how the vote will be cast.  Some communities require a voting certificate which indicates which of the multiple owners is authorized to cast the vote.  You will lose your right to vote if you fail to pay your assessments.

How are HOAs and COAs regulated?
HOAs and COAs are subject to state statutes governing their associations.  HOAs are governed by Chapter 720 Florida Statutes and COAs are governed by Chapter 718 Florida Statutes.  Both COAs and HOAs are subject to Chapter 617 of the Florida Statutes which deals with not-for-profit corporations. 

What is an HOA common area or a COA common element?
In an HOA, the common area is all real property within a community which is owned or leased by an association or dedicated for use or maintenance by the association or its members.  Common area in a COA is referred to as a "common element".  While common areas are owned by the HOA, in a COA common elements are owned by the unit owners in undivided interests.   

What does association insurance cover?
Prudent risk management requires adequate insurance coverage for all association property, general liability, and directors and officer’s protection.  Florida Statutes mandates some types of coverage for both HOAs and COAs.  One type of coverage the association is required to maintain, is crime insurance or a fidelity bond for all persons who control or disburse funds of the association.  The insurance or fidelity bond must be in an amount that will cover the maximum funds that will be in the custody of the association or its management agent at any one time.  For other insurance requirements, please refer to Florida Statutes.   

Your Association Manager

Who is the Association's Management Company?
The association's management company is TERRA MANAGEMENT SERVICES, LLC, a community association management firm licensed pursuant to Chapter 468 of Florida Statutes.  More information about Terra can be found on their website.

Are there specific people at the Management Company that handle our community?
Yes.  Terra staff members work in teams to manage their communities.  Each team consists of a licensed community association manager, a community administrator and an accountant.   The name of the Community Manager assigned to your community is available in the community portal.

What does the Association Manager do?
The association manager assists the Board of Directors in operating the community.  The manager's job responsibilities may involve accounting, budgeting, collections  and financial control; community operations; facility maintenance; enforcement of restrictions contained within the governing documents; and assisting the Board to govern in accordance with the Articles of Incorporation and Bylaws of the association and applicable Florida law.

The association manager is responsible for receipt and response of association inquiries and service requests. However, the association manager does not have the authority to address all concerns.  Requests outside the manager's authority and which require attention of the Board of Directors will be referred to them for consideration. You can contact your community manager by submitting a request through the community portal. 

How do I change my mailing address or contact information?
Owners should log into their accounts through the community portal to update their mailing address and contact information.

Where can I view a history of my assessments, payments and other charges?
Every owner has an account ledger which provides a historical listing of their assessments, charges and payments.  To view their ledger, Owners should log into their accounts through the community portal.

What type of problems are handled by the manager?
The manager will assist on matters that are being experienced community wide, owner violations, damage to the common area or common elements, or which are the association's responsibility under the governing documents.  Not all problems you may experience are matters that the manager will handle.   For issues with trash pick-up, light poles, water and other utilities, you should contact the service provider.   For issues with violation of county ordinances, you should contact your local code enforcement office.  Issues outside the manager's scope of authority will have to be referred the Board of Directors.

What is the best way to communicate with the manager?
The simplest way to communicate directly with the community manager is through the community portal.  If your community has contracted for a custom website, you can also contact the community manager through the website "Contact Us" page.  You can also call the Terra Management office at (813) 374-2363 to speak with your assigned community administrator.  Calls may be monitored or recorded for quality assurance.  Finally, each community has a dedicated email address that goes right to your community manager.  The email address is YourCommunityName@MyTerraCommunity.com.

Use of Social Media.

Does our association and board members use Facebook, NextDoor, Twitter or other social media?
Board of Directors and the officers for an association are typically volunteers that are elected by the membership. Board members attend meetings and vote to make decisions on behalf of the association. Since individual board members cannot make decision on behalf of all board members, regardless of what officer position they hold, it is not appropriate for board members to provide answers or discuss board business on social media. Homeowners are encouraged to attend board meetings, participate in committees, visit the association’s website and read meeting minutes or the newsletter to stay up to date on official news updates from the association.

Does the association manager monitor social media?
Not typically.  Communications with the management company involving association business may become official records of the association.   Even if the communications would not be an official record, in many circumstances a record of the communication is needed for follow up.  Communication though social media does not satisfy these concerns.  As a result, your association manager needs to communicate through official means of communication, such as your association's website contact page, by telephone, or e-mail.  If a manager happens to respond to a post on a social media website, it will merely be to redirect the participant to an official means of communication.

If you have an issue that needs to be addressed in your community, discussing it with your neighbors on social media isn't going to solve it.   Please contact the Terra office through an official means of communication and the issue can be properly addressed.

Budgeting and Assessments

What are assessments?
Assessments are fees that are imposed upon on individual lots or units by the association in accordance with the governing documents.  If not paid by the homeowner, the assessment can result in a lien against the lot or unit.

How is the amount of assessments determined?
The amount is based on an annual budget approved by the Board of Directors.  The Boards goal in establishing a budget is to cover the association's operating expenses, including reserves necessary for future replacement of capital items at the end of their useful life.  The Board may also include amounts for contingencies to ensure a sound and prudent financial condition for the association.   The budget is adopted at a meeting at which membership may comment.  The specific assessment that you will pay is derived form a formula set forth in the association's Governing Documents.  Most often the assessment is equal for all units, but it could also be based on lot or unit size or some other formula.

Can assessments be increased?
Yes, the Board of Directors will determine if an increase in the assessment will be necessary to accommodate a balanced budget.   Depending upon the amount of the proposed increase, it may be necessary to seek membership approval.

What are Reserves and why does the Association need them?
An association's budget may include an amount for reserves.   Reserves are amounts allocated to specific expenses, such as the cost to replace capital items or to plan for long-term maintenance and emergencies.   The reserve amount included in the annual budget is generally based on the life expectancy of the item and its replacement or maintenance cost.  Reserve amounts for emergencies like storm damage, liability lawsuits, or accidents causing property damage are often based on assumptions made after a comprehensive review of the possible consequences of the emergency.  Because of the difficulty is setting reserve amounts, the association will often employ the services of a professional reserve analyst to provide a study of the association's needs and to recommend the amount to budget for reserves.

How do I pay fees due the association?
Association assessments are typically billed by coupons or statements, depending on the frequency of the payments and established method approved by the Board of Directors.  Payment may be made by check payable to the association, by electronic bank account debit (ACH), credit card, or e-check.   To establish ACH payments, or pay by e-check, go HERE.  Credit card or debit card payment may be paid though the community portal or mobile app if you have registered to use them.   Depending on the community, assessments may be paid to the association monthly, bi-monthly, semi-annually or annually.

I did not receive my coupon book, what should I do?
Coupon books are not required for payments. You can make credit card and debit card payments though the community portal or mobile app, or you can make ACH payments HERE     If you want to pay be check and do not have a coupon, you will need your account number.  If you no longer have the letter which we forwarded containing your account number, please contact our office. NOTE: Some communities charge a fee for a coupon book, or a replacement, that will be added to your account.

What additional charges may appear on my account and why are they there?
• Interest – Interest is added to unpaid balance for accounts, monthly, per the terms of either the association’s governing documents or the state statues. The interest listed on your account or statement is the amount due to the association for the unpaid balance.

• Postage – Each association has the right to pass on the cost of postage and other monetary costs to owners in the enforcement of the governing documents. For example, if you have received a certified letter for a violation, the cost of the postage is applied to your account for payment.

• Late Fees - Late fees are charges, separate of interest charges, for failure to pay your assessment on time. The late fee listed on your account or statement is the amount due to the association for the unpaid balance.

• Collection Costs - Each association has the right to pass on the cost of collections, attorney’s fees and other costs to owners for failure to pay their assessment.

• Fines – Owners that fail to remedy a violation in a specified time period may be fined by the Association. The process for fining an owner is handled in accordance with the state statues and the policies of the association.

What happens if I fail to pay the additional charges on my account; including interest, late fees, postage, collection costs, fines, etc.?
There are instances where owners remit their late assessment payment only, failing to pay the additional charges to their account. Owners should be advised that payments are applied as dictated by the state statues. Payments are applied against these collection fees first and the result is that the assessment remains unpaid. Owners with unpaid assessments can be turned over to a collection attorney. It is important for owners to keep their accounts up to date in order to potentially avoid any undesired collection costs being added to their accounts.

My account is in collection with an attorney. What should I do?
Once an account has been turned over to the Association’s attorney for collection, Terra Management Services staff cannot assist you with payments for your account. The association may also choose to suspend your rights to use the common elements or vote for failure to pay the association dues. It is important for owners to keep their accounts up to date to potentially avoid any undesired collection costs being added to their accounts by attorneys and debit collectors.

I have a good reason for paying late, will the Board waive the late fees and interest if I explain it to them?
Probably not.  It is important that all owners in the community be treated the same.  You have an obligation to pay on time.  The Board should not be waiving fees for some and not for others.  The only time the Board should consider adjusting an amount due from an owner is if the amount itself is in dispute.

HOA Architectural Approval / Exterior Modifications

Are architectural modifications or property improvements allowed?
To preserve the aesthetic quality of a community, prior approval of any exterior alteration, modification, or addition to individual property is required. Submission of an architectural request can be made through the online community portal. 

How long before I should expect approval of my exterior modifications?
Each association has a timetable for allow committee or board members to review Architectural modification requests. Typically, governing documents allow 30-45 days for review. Please review your association’s policies and submit an application form before engaging in any projects to modify the exterior of your property.

Who has authority to approve exterior modifications?
The authority to review and approve modification is generally delegated to an Architectural Review Committee in accordance with governing documents.

Sales, Rentals & Leasing

Do you have a list of properties for rent?
Terra Management Services does not have or offer a list of rentals available in our communities. However, you may contact your local real estate agent for a list of rentals and homes for sale in the area.

I am a tenant living in the association. Who should I contact if I have questions?
If you have questions regarding use of the common elements, gates and more, please contact your landlord or the rental property's property manager. The homeowner or their legally designated representative are the only ones that can assist you with these requests.

I am a property manager for a leased home in the association, what information can I access?
Association accounts are owner and property specific. If an owner chooses to provide a property manager with access to their account, that is decided and communicated by the owner to their manager. Terra Management Services will not provide information to property managers without having a written authorization from the homeowner.

I am a Realtor, who do I contact for information on the Association?
Homeowners can provide the bulk of the information that realtors need regarding the association.  For copies of the governing documents, answers to lender questionnaires, estoppels and more, please visit HomeWiseDocs.com.  In addition, homeowners can sign into their account on the community portal to download the information at no charge, and then provide it to their realtor.

Can you provide me with information on foreclosed homes or home for sale?
Terra Management Services does not have or offer a list of foreclosures available for sale in our communities. Often, foreclosures are available via public sale by the clerk of courts.  You may also contact your local real estate agent for a list of rentals and homes for sale in the area.

I am a closing agent.  How do I order Estoppels & Lender Questionnaires?

Terra Management Services is pleased to partner with HomeWiseDocs.com, the next generation in document and data delivery for community associations. HomeWiseDocs.com provides reliable, around-the-clock online access to all governing documents and critical project data for lenders, closing agents, real estate agents and homeowners from Terra Management's managed communities.
Log on to the HomeWise Docs website and select the Sign-Up link to register. The many system enhancements geared toward an improved user experience include:

• Order by address or association name searches
• Share your order with up to five email addresses
• Hard copy delivery options available
• Email and SMS text completion notices for users
• Rush order requests
• Track your orders online with order confirmation number

Governing Documents & Deed Restrictions

What are Deed Restrictions?
Deed restrictions are provision placed in a deed or other recorded document that restricts, limits or regulates the use of the property in some manner.  Deed restrictions are most often contained within a document called a Declaration that was prepared by the community developer.

What are the community Governing Documents?
Each community association is governed by its own unique set of rules and policies. These rules and policies are contained within the community's Governing Documents which consist of the recorded Declaration of Covenants, Conditions and Restrictions in an HOA or a Condominium Declaration in a COA, the association's Articles of Incorporation, Bylaws, and Rules and Regulations, as well as any exhibits, amendments and supplements to those documents. The Governing Documents clearly define the behavior and actions homeowners can and cannot take regarding their homes and communities. These rules and policies are designed to protect property values by keeping the community clean, safe and beautiful, and ensuring a harmonious living environment for all residents.   The Governing Documents regulate architectural guidelines, pets, parking, noise, amenity usage, rentals, fee schedules, non-compliance fines and much more.

What if I don't agree with something in the Governing Documents?
The community Governing Documents are basically a contract.  By buying a home within an HOA or COA, you have agreed to comply with the Governing Documents and are obligated to obey them.   An informed homebuyer will be sure to fully understand the Governing Documents before buying a home in the community.  While the rules may keep you from taking certain liberties pertaining to your home or community, they also prevent your neighbors from performing nuisance or disruptive actions or behavior as well.

If there is a conflict among the Governing Documents, which controls?
Typically, the Governing Documents are given priority in the following order:  Declaration, Articles, Bylaws, and Rules & Regulations.

What are the Rules & Regulations?
Associations are often given the authority to adopt Rules and Regulations to be applied in operation of their community.   The Rules and Regulations must be consistent with the Declaration.  They often are more specific.  For instance, the Declaration may contain a provision that says that the Association can fine owners for non-compliance.  The Rules and Regulations may specify that the fine is $25 per day (this is merely an example and not your community's requirements).   Your association’s rules and regulations are created to protect your community’s property values, enhance its aesthetics and lifestyle and promote a friendly, agreeable and desirable environment for residents.

How are the Governing Documents enforced?
The Governing Documents are enforced under the authority of the Board of Directors and the Board has an obligation to enforce them.  Enforcement should not be selective.  The Board must enforce the documents equally against all owners in a similar situation, and they should not be selective in the parts of the Governing Documents they enforce.    Often a community association management company is hired by the association to assist the Board in enforcement of the Governing Documents and management of the community facilities.  Homeowners are required to follow the rules and policies set forth in the Governing Documents, even if they do not agree with them. Non-compliance could possibly result in fines or legal action.