Your Association
A condominium association (COA) is a not-for-profit corporation that serves as the governing body of a number of units that may be owned by one or more persons, and which there is, appurtenant to each unit, an undivided share in common elements.
COAs are typically formed by the community developer. Initially the developer (often called the “declarant”) operates the COA, assuming financial responsibility and retaining voting and governance rights. The responsibility to operate and manage the COA is transferred to unit owners at turnover, which typically occurs after selling a specified number of units.
COAs are created to operate and maintain the condominium’s common elements, deliver community services and protect property values by enforcing the condominium’s governing documents. The COA will contract with vendors to ensure that the common elements are maintained, purchase insurance to cover liability risks and damage to the common elements, maintain procedures for enforcing the restrictions set out in the governing documents, prepare an annual budget, collect assessments to pay COA expenses, and a multitude of other responsibilities necessary to promote the health, safety and welfare of the community residents.
You automatically become a member of the COA at the time you purchase your unit. Once you buy a unit in a condominium, your membership in the association is mandatory.
The COA is run by a Board of Directors (also called the Board of Administration). A COA’s Board of Directors is comprised of unit owners who have volunteered to stand for election to leadership or member roles. They can also be individuals appointed by the developer to manage the association while it is under developer control and to facilitate turnover as the condominium 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 association by making and enforcing the association’s governing documents, collecting dues, and ensuring its facilities and common elements 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 reviewing violations and fines, preparing newsletters, and more.
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 events calendar in the community portal. You can sign in to the community portal by clicking the “Resident Sign-in” button at the top of this page.
Your COA 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 association. You have a right to enforce the deed restrictions that encumber your association. 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 common elements, equipment, and amenities. These services are paid for by COA assessments or fees, which each unit owner is required to pay.
The unit owner(s) with legal title to a unit and verified as an association member in good standing is entitled to vote at the annual meeting of the membership. Typically, each unit gets one vote. Where a unit is owned by more than one person, they must agree on how the vote will be cast. Some associations 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.
HOAs are subject to state statutes governing homeowners’ associations and not-for-profit corporations. These are in Chapter 7180 and Chapter 617 of the Florida Statues. In addition, each COA must comply and carry out its obligations as set forth in its governing documents.
Common elements are those parts of a condo complex that belong to all owners. With a few exceptions, they constitute everything except the units in which people live. Hallways, trash rooms, lobbies, exercise rooms, technical rooms, the roof, grounds, walkways are all considered common elements.
Prudent risk management requires adequate insurance coverage for all association property, general liability, and directors and officer’s protection. The association is required to maintain, under the Florida Statutes, 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. The requirement for a fidelity bond or insurance can be waived by members holding a majority of the voting interests in the association.
Your Association Manager
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.
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 your manager is listed on the “Contact Us” page.
The association manager assists the Board of Directors in operating the condominium. 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 completing the form of the “Contact Us” page of this website, by calling Terra Management Services at (813)374-2363, or by a message sent through the community portal. Residents can sign in to the community portal by clicking the “Resident Sign-in” button at the top of this page. First time users will need their account number and email address to register.
Owners should sign in to the community portal to update their mailing address and contact information. Sign in to the community portal by clicking the “Resident Sign-in” button at the top of this page. First time users will need their account number and email address to register.
Every owner has an account ledger which provides a historical listing of their assessments, charges and payments. To view their ledger, Owners should sign in to the community portal. Sign in to the community portal by clicking the “Resident Sign-in” button at the top of this page. First time users will need their account number and email address to register.
The manager will assist on matters that are being experienced community wide, owner violations, damage to the common elements, or which are the COA’s responsibility under the governing documents. Not all problems you may experience are matters that the manager will handle. 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.
There are many ways communicate with your community’s assigned manager. The simplest way to communicate directly with the community manager is by competing the form on the “Contact Us” page. Messages go directly to the community managers inbox. You can also message your manager through the community portal. Sign in to the community portal by clicking the “Resident Sign-in” button at the top of this page. First time users will need their account number and email address to register. 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.
Use of 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.
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 & Assessments
Assessments are fees that are imposed upon individual units by the COA in accordance with the governing documents. If not paid by the owner, the assessment can result in a lien against the unit.
The amount of individual assessment fees 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 unit size or some other formula.
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.
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.
Association assessment fees (dues) are billed by coupon or statement, 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. You may pay be credit card or e-check through the Frontsteps mobile app. You may also establish ACH payments, or pay by credit card or e-check, by going here. Depending on the community, assessments may be paid to the association monthly, bi-monthly, semi-annually or annually.
Coupon books are not required for payments. You will need your account number if you do not have it. To get your account number, go to the “Contact Us” page and complete the electronic form, providing your name and e-mail address along with your request for your Terra account number. We will mail the account number out to you right away! For security purposes, account numbers cannot be issued over the phone or through e-mail. Account numbers will only be mailed to addresses contained in the Association’s official records. NOTE: Some communities charge a fee for a coupon book, or a replacement, that will be added to your account.
• 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.
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.
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.
A homeowner has the obligation to pay assessments on time and the Board has an obligation to collect fees as set forth in the community governing documents. Unless there is some irregularity in the assessment or billing process, or you are contesting the validity of the underlying fee itself, the Board should not waive late fees and interest. That being said, a homeowner who desires to dispute a late fee or interest can bring their dispute to the Board for review. The Board will determine if those charges should be waived based on the surrounding circumstances.
Sales, Rentals & Leasing
Terra Management Services does not have or offer a list of rentals available in our communities.
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.
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.
Homeowners can provide the bulk of the information that realtors need regarding the association. You can order copies of the governing documents, answers to lender questionnaires, estoppels and more by going to the “Estoppels” page on this website. Owners may obtain copies of governing documents from the community portal, download the information at no charge, and then provide it to their realtor.
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.
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 HomeWiseDocs 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
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.
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 Condominium, the Articles of Incorporation and Bylaws of the COA, and the 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 pets, parking, noise, amenity usage, rentals, fee schedules, non-compliance fines and much more.
The community Governing Documents are basically a contract. By buying a unit within a condominium, you have agreed to comply with the Governing Documents and are obligated to obey them. An informed buyer will be sure to fully understand the Governing Documents before buying a unit in the community. While the rules may keep you from taking certain liberties pertaining to your unit or community, they also prevent your neighbors from performing nuisance or disruptive actions or behavior as well.
Typically, the Governing Documents are given priority in the following order: Declaration, Articles, Bylaws, and 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 is permitted to levy a fine for an infraction of the Governing Documents and your association’s rules and regulations may set out the amount of the fine for different infractions.
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. Unit Owners 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.
At the time you purchased your unit, a copy of the governing documents should have been passed down to you from the prior owner or the closing agent. Copies of governing documents are provided along with closing documents when purchase transaction is completed. You may also obtain additional or replacement copies by signing in to the community portal. You can sign in to the community portal by clicking the “Resident Sign-In” button at the top of this page. First time users will need their account number and email address to register. Realtors should obtain copies of the Governing Documents from the selling homeowner or by visiting HomeWiseDocs.com.