ASSOCIATION

FREQUENTLY ASKED QUESTIONS (FAQ)

As a result of normal neighborhood turnover, there are several questions that frequently come up regarding the operation of the association, especially prior to the opening of the pool. Provided below are answers to these common question. If you require more detailed information or have a question to add, please contact your Board.

General

What is a homeowners association?

Board of Directors

1. What is the purpose of a Board of Directors?
2. Who makes up the Board of Directors?
3. What empowerment does the Board of Directors have?
4. How is the Board of Directors elected? What is the election process?
5. Can anyone run for the Board or who can be elected?
6. I don’t want to run for the Board but would like to assist in a committee? What are my options?
7. What is a proxy?
8. Is it mandatory I complete a Proxy if I am not attending the meeting?
9. Is there one vote per family member?
10. What are association committees?

Budget and Assessments

1. Do we have a budget?
2. How can I find out how my Association dues are being utilized?
3. What are Assessments and how are the spent?
4. Are my Assessments fixed or can they be raised?
5. What is a special assessment?
6. What is the difference between homeowner’s dues/fees?
7. Where do I send my payment for Association dues?
   What happens if I don’t pay my dues?

Pool and Tennis

1. Why do we have lifeguards?
2. Why do we have a Pool Manager?
3. Why can't we have temperature sensitive food offered at the pool?

Other Questions

1. What is deemed a Common Area?
2. Are there rules in place to settle homeowner disputes?
3. How does management handle issues and complaints?
4. I would like to start external projects on my home i.e. sprinklers, building a shed ,etc. Are there any requirements or guidelines?
5. Why don't we dredge Blackberry Pond?

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General

What is a homeowners association?

The Association is a legal corporation organized and incorporated under Ohio law. The Association has Articles of Incorporation that entitle the association to exercise powers of a corporation. By purchasing a home within our community association, you automatically become a member of the association and will remain so for as long as you own your home. Membership in the association is mandatory and automatic for all owners. The deed to each lot and/or parcel specifically designates that the property owner will comply with the Covenants and Restrictions of the association. Your title company should have provided a copy of these documents at the time your home purchase was closed. As a property owner in a community association, you will be required to pay assessments, abide by the community’s rules and restrictions, and maintain those areas of your home for which you are responsible.

Board of Directors

1. What is the purpose of a Board of Directors?

Your Association is a not-for-profit corporation. As such, the Boards responsibility is to run the business of the corporation. The board has a fiduciary responsibility to the owners of the corporation. This includes timely collection of assessments as well as payments made for services provided to the Association. In general, the Board Members are the decision makers for the Association. The Board of Directors are individual homeowners who live within the subdivision and who are elected to that position by the members of the Association.

2. Who makes up the Board of Directors?

The directors are owners, like you, that are elected by the membership. There is a President, Vice President, Treasurer, Secretary, and Member-at-Large.

3. What empowerment does the Board of Directors have?

Pursuant to the Bylaws and Covenants and Restrictions (includes, but is not limited to):

• Fill a vacancy on the Board of Directors
• Establish rules and regulations for the association
• Set the Annual Assessment rate
• Contract for services of the association (management, landscape, maintenance, etc)
• Use and disburse association funds
• Establish committees
• Enforce the Covenants and Restrictions
• Elect officers for the association
• Prepare the annual budget
• Insure the association
• Invest excess funds controlled by the Association
• Collect assessments
• Establish the standard of care for the maintenance of the common areas
• Interpretation of the wording in all governing documents
  

4. How is the Board of Directors elected? What is the election process?

Generally speaking, the board elections take place on an annual basis either prior to (in the case of absentee ballots) or at the annual meeting of the members (proxies and ballots). Positions usually become vacant and are normally filled during your Annual Meeting. During the Annual Meeting a vote via a Ballot is taken for the nominees who are running for a position on the Board. Those voting must be in Good Standing in order for their vote to count, all the votes will then be tallied and the results announced.

5. Can anyone run for the Board or who can be elected?

Anyone can be a Director as long as they are in Good Standing. The Board of Directors is strictly voluntary and there is no compensation for their efforts except for the fruits of their labors shown at the end of the year.

6. I don’t want to run for the Board but would like to assist in a committee? What are the requirements?

The Board shall appoint other committees as deemed appropriate to carry out its purpose and delegate to said committees such powers and duties required to execute and enforce the committee’s responsibilities.

7. What is a proxy and its purpose?

A Proxy is “the function or power of a person authorized to act for another. ” The purpose of a proxy is important as it allows for voting and establishing a quorum in order for business to be conducted.

8. Is it mandatory I complete a Proxy if I am not attending the meeting?

A Proxy Form must be completed if you do not plan on attending the meeting be it Special / Annual. The form should be completed and signed by you the homeowner naming your proxy holder such as your Neighbor or it can be the Secretary of the Board or the Board but it must be presented prior to the opening of the meeting and the proxy holder needs to be present at the meeting. It is recommended that if you are unable to attend the meeting that you exercise your right as a homeowner, in good standing, to vote by proxy. This allows for a quorum to be met.

9. What are association committees?

In general, the Association may have standing committees (e.g. social, pool, finance, landscape). There may also be ad-hoc committees, temporarily created for specific one-time items (e.g. selection of a refuse provider). Members of committees are appointed and removed by the Board of Directors. The primary function of the committee is to render a recommendation to the Board on the subject matter of their committee. This recommendation, once delivered to the Board of Directors, is then approved/rejected by the Board.

10. Is there one vote per family member?

No. Homeowners / Lot owners have one vote for every lot / property owned.

Budget and Assessments

1. Do we have a budget?

Yes. All owners are mailed copies prior to the October annual meeting. The budget is established by the Board.

2. How can I find out how my Association dues are being utilized?

Your Association has an Annual Meeting where your Board of Directors discuss the financial aspect of the Association with the homeowners. Attending this meeting can be very enlightening and helps each homeowner understand the workings of a Homeowners Association.

3. What are Assessments and how are the spent?

In order for the Board to accomplish the many tasks for which it is responsible, the association needs operating funds for daily maintenance, repairs, administration and adequate Reserve funds for major repairs or replacements of capital items. As a member of the association, you are required to pay a share of the costs. The assessments to be levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Development and for the operation of the Association and shall specifically include, but not be limited to: the maintenance and operation of the private roads servicing the Development; maintenance of all lighting and parking facilities in the Common Areas; and the payment of taxes and insurance for the Common Areas; payment for the improvement and maintenance of the property, services and facilities related to the use and enjoyment of the Common Areas and of the homes situated within the Development; maintenance of the storm water detention areas and storm water easement areas within the Development; expenses incurred by the Association’s Board of Directors or officers in performing their obligations and duties as prescribed in these By-Laws.

4. Are my Assessments fixed or can they be raised?

The Annual Assessment may be adjusted by a majority vote of the Board of Directors and is commensurate with operational costs and future costs.

5. What are special assessments?

In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, or unexpected repair or replacement of a described capital improvement upon any Common Area, including the necessary fixtures and personal property related thereof; provided, however, that any such special assessment in excess of fifteen percent (15%) of the regular annual assessments shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members in accordance with these By-Laws and shall specify the purpose of the special assessment.

6. Where do I send my payment for Association dues?

PO Box 812,
Hudson, Ohio 44236

7. What happens if I don't pay my dues?

Any assessment not paid when due is delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association, acting through its Board of Directors, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot to which an assessment is levied, and interest, cost and reasonable attorneys; fee, including at the appellate level. of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessment by non-use of the Common Areas or abandonment of his lot. A lot may not be sold unless all assessments are paid current.

Pool and Tennis

1. Why do we have lifeguards?

Public swimming pools, spas, and special use pools are regulated under the authority of Chapter 3749 of the Ohio Revised Code (ORC) and the rules specified in Chapter 3701-31 of the Ohio Administrative Code (OAC). The rules establish minimum standards, applicable throughout Ohio, for the design, installation, operation and maintenance of these facilities in order to protect the bathing public from injury, minimize the potential for disease transmission, and provide a safe and healthy aquatic recreational environment.

Lifeguards are required for pools over 1000 square feet, and our pool is 3000 square feet. In addition, we are required to have one lifeguard for every one (1) to fifty (50) bathers that is dedicated to lifeguarding responsibilities. This results in a minimum of two lifeguards on duty, at any given time, to allow for required breaks and pool maintenance responsibilities.

2. What are the responsibilities of the lifeguards?

Lifeguards are persons holding specific qualifications (see p. 6) appointed by the pool manager to ensure the safety of bathers while they are in the swimming area. They are responsible for the folowing:

• Guard swimming pool and maintain safe swimming environment.
• Enforce safety rules and rules of pool.
• Check swimmers at gate when assigned.
• Maintain pool area - keep clean.
• Do cleaning chores as assigned by Pool Manager.
• Attend weekly life guarding reviews as scheduled.
• Be in uniform at all times.
• Head Guards: Additional Duties.
• Assist pool manager with scheduling of staff and keep pool clean.
• Assist manager with chemical balance.
  

3. What are the respsonsibilitites of the Pool Manager?

The Pool Operations Manager is responsible for the year round operation and maintenance of the Pool & Tennis Facility as well as the seasonal day-to-day operations. The pool manager functions under the authority of the Board of Directors. Specific responsibilities include but are not limited to the following:

Strategic Planning

• Provides leadership and direction in the development of short and long range plans; gathers, interprets, and prepares data for analysis, reports and recommendations; coordinates activities with the Board of Directors and other committees, as necessary.
• Provides professional advice and makes presentations to the Board of Directors and attends and participates in monthly Board meetings and/or other public meetings as necessary.
• Prepares publication, brochures, calendars, letters, posters, news releases, flyers, and related communications.
  

 

Budgeting and Capital Planning

• Assures that assigned areas of responsibility are performed within budget; performs cost control activities; monitors revenues and expenditures in assigned area to assure sound fiscal control; assures effective and efficient use of budgeted funds, personnel, materials, facilities, and time.
• Performs long-range capital planning for all facilities.
  

 

Operations, Repair and Maintenance

• Oversees the spring opening and fall closing/winterization of the Pool and Tennis facility.
• Oversees all repairs and/or maintenance.
• Monitors and maintains pool filtration system, pool water chemistry through testing of water samples, and adjusts chemistry as needed to maintain standards.
• Performs administrative, supervisory and professional work in the operation and maintenance of a swimming pool. Procures all necesary city, county and state licenses.
• Manages bank accounts year round to pay for all facility expenses including payrolls, taxes, and applicable withholdings.
  

 

Supervision

• During the summer, oversees all staff including lifeguards, maintenance staff, or volunteers, as assigned.
• Communicates official plans, policies and procedures to staff and the general public. Manages and supervises assigned operations to achieve goals within available resources; plans and organizes workloads and staff assignments; trains, motivates and evaluates assigned staff; reviews progress and directs changes as needed.
• Issues written and oral instructions; assigns duties and examines work for exactness and conformance to policies and procedures.
• Coordinates, schedules and maintains related records and statistics for programs and personnel at the swimming pool.
  Determines work procedures, prepares work schedules, and expedites workflow; studies and standardizes procedures to improve efficiency and effectiveness of operations.
• Directs the patrolling of the pool and the enforcement of safety rules and regulations.
  

 

Human Resources

• Recruits lifeguards and staff members and is liccensed to certify lifeguards.
• Prepares a variety of studies and related information for decision-making purposes.
• Prepares attendance, accident and routine accounting reports.
• Maintains harmony among workers and resolves grievances.
  Performs or assists subordinates in performing duties; adjusts errors and complaints.
• Performs a variety of miscellaneous duties such as answering phone, preparing correspondence, running errands, picking up supplies needed for activities, conducting classes, collecting fees, officiating at meets; making arrangements for rental and use of pool, helping set up for classes, events, etc.

 

Training4

• Trains all staff to operate a safe, clean, and environmentally friendly swimming pool. Trains staff to chemically balance the aquatic facilities swimming pool, vacuuming the swimming pools, cleaning the pool tiles, cleaning of the facility decks, cleaning of the facility furniture, cleaning of the bathrooms, maintaining the pools circulation system, and all other aspects of running the facilities.
  

Peripheral Duties

• Work as a lifeguard, as needed.
• Serves as a member of various committees, as assigned.
• Assists in the planning and management of any concession related activities, including inventory and staffing.

 

4. Why can't we have temperature sensitive food offered at the pool?

Establishments that sell or serve food to the public must comply with all health requirements, receive an annual license, and be inspected by the Summit County Health Department. The Board investigated the requirements necessary to serve temperature sensitive food and found that the structural changes to our facility necessary to meet those requirements were cost prohibitive, totaling in the tens of thousands of dollars. A few of the structural changes to our facility are listed below but there are many other requirements for handling of food, disposing of food, cleaning of equipment, fire safety, etc., that are to lengthy to include:

• Dish Wash Sinks - At least one three-compartment sink installed with an indirect drain. Sinks should be large enough to accommodate the largest piece of equipment that will be washed. Test strips should be used to determine the concentration of the sanitizing solution.
• Additional Sink - one, two-compartment produce sink with indirect drain.
• Janitorial or Service Sink - One enclosed utility sink or janitorial sink required. Walls need to be FRP, or equivalent.
• Auto Dishwasher - Must be commercial and meet temperature requirements. Low temp – 120 degrees F, sanitizer added during rinse cycle. High temp – 180 degrees F.
• Lighting - Shielded in food preparation area and must meet 50 foot candles.
• Floors - Food prep and storage areas need to be sealed, smooth and impervious. Examples: quarry tiles, commercial linoleum or equivalent.
• Walls - Surrounding dish wash area must be tile, stainless steel, FRP or equivalent. Surrounding oven and grill must be tile, stainless steel or equivalent.
• Ceilings - Smooth and impervious surface required. Drop ceilings are acceptable. No open ceilings in food preparation area.
  
• Dry Storage- Shelves need to be sealed or painted and 6 inches above the floor.
• Refrigeration - Walk in cooler sized appropriately. Freezer sized appropriately. Cold tables as needed. Thermometers need to be located in the front of the refrigerator.
• Food Contact Surface - Smooth and impervious. Example: stainless steel.
• Nonfood Contact Surfaces- Smooth and nonabsorbent.. Can be cleaned easily.
• Ventilation - to keep rooms free of excessive heat, condensation, vapors, obnoxious odors, smoke and fumes. Hood systems should be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.
• Ice Machine - Must be indirectly drained.
• Plumbing - Floor drains, back flow prevention.
• Insect control - design and installation
  

5. Why are the umbrellas always down when I get to the pool?

While it may seem inconvenent, pool umbrellas are left down while not in use to save the wear and tear they receive from the sun and wind. If you require assistance to raise them, please ask a lifeguard in the guard shack.

6. At what temperature is the pool kept?

The National Swimming Pool Foundation recommends 78-80° for active swimming and 82-84° for general use. We generally try to keep the pool between 82-84°.

Other Questions

1. What is deemed Common Area?

Common area / facility refers to all property leased, owned, or maintained by the Association. This is mainly for the sole use and benefit of the members in your Association. It may include but is not necessarily limited to signs; swimming pools and adjacent buildings; recreation sites, with associated furnishing; tennis courts and associated equipment; landscaping; walls; parking lots; median islands in cul-de-sac streets;

2. Are there rules in place to handle homeowner disputes?

No. Unless the problem is one causing a common area problem or a direct violation, homeowner disputes should be settled between the parties involved. Your Board is not there to serve as referee between neighbors. In any community, whether governed by an Association or not, homeowners run into personality clashes, pet problems, and other neighborhood issues. Often, the problem can be easily resolved to the satisfaction of both parties with no hard feelings, with open communication between the parties.

3. How does the Board handle issues and complaints?

Complaints should be submitted in writing to the Board. Complaints should state the problem; identify the offending homeowne; and the date(s) of the offense(s). Just as in any court of law, the offender has the right to know who is complaining and what he/she is being accused of. He/she is also entitled to a hearing before the Board. Please be sure of your facts before filing complaints.

4. Why don't we dredge Blackberry Pond?

According to Winston Manor plats, Blackberry Pond is a private lake for the benefit of the nine lots surrounding the lake and a small amount of the Hudson Hills common property. The pond is also part of the storm water management system for both subdivisions into which most storm sewers empty. The plat states that, to the extent that the city is unwilling or unable to maintain the pond, the cost will be borne by the homeowners associations. It should be noted that homes surrounding the pond and those directly across the street (as well as others) are located in a federally designated flood plain. There is an updated FEMA map in the works, but how it affects Winston Manor is not known at this time.

In 2007, our Board met with City Engineer, Gino Morrell, who stated the pond was not an engineered storm water detention or retention facility based on the fact that the pond does not have engineered outflow devices controlling pond level and flow. The pond level and flow rates during high creek events are determined by rock and earth elevation as the Brandywine Creek flows under Blackberry Drive and by the width of the bridge. If creek inflow is faster than outflow, water levels in the pond and stream rise. Storm water management is affected only by water flowing freely under the Blackberry Bridge not by the depth and silting of the pond. The Board and the City discussed options for reconstructing the Blackberry and Brandywine bridges to allow for greater water flow volumes and to ensure they do not act as dams during high water events, as experienced in 2003.

Dredging the ponds would be done for aesthetic purposes only and would be expensive, costing in the tens of thousands, even low hundreds of thousands of dollars because of hazardous material control protocols resulting from fertilizer and pesticide run off from properties as far north as Chadd’s Ford that drain into Brandywine Creek. Dredging requires special and costly measures to avoid control spillages from trucks carrying the soil to its final deposition site. Because the pond is not common property for the subdivision, the board has elected not to pursue dredging.