Managed by AMG - Association Management Group
Lauren Hannah
Phone: 704-897-8781

Annual Board Meeting Questions

Questions Recorded by Kirk Baldwin/Answers by BHA Board

November, 21 2016

Board Member Attendees:
Clay Watts, David Mottershead, Tammy Livingston, Carolee Ward, Robert Lewis

 
If dues are not paid does the BHA or Management group have the legal right to take your home? 
We do not have lien provisions against one's home.  However, we have legal rights to bring civil suit and place assessment liens against the property for back payments, penalties and interest when the home is sold, deed name changes, death, etc.

Is the HOA registered as a non-profit? 
Yes, since1984 and we are currently re-filing due to President name/address change.

What are the covenants? 
Declaration of Covenants and Restrictions vary between each construction phase.  However, Declaration of Covenants and Restrictions addresses only building/structure/property uses, sizes, easements and other conditions.  By-Laws of Briarcliffe Estates Civic Association (later renamed Briarcliffe Homeowners Association) addresses the Association's existence, purposes, qualifications, membership, voting, membership fees and Board responsibilities/duties.  


What criteria is used to determine the liability insurance premium?
 
Individual Declarations of Covenants with their plat references and Briarcliffe Association By-Laws are the legal documents identifying and qualifying the number of neighborhood homes (750 homes) that must be protected with liability insurance coverage.  750 homes with liability exposure of a commonly owned pool justifies the need for $1 million liability coverage (drowning) that determines the annual premium and resulting per-household cost.


What is the legal document that allows us to declare and enforce yearly dues?
 
By-Laws of Briarcliffe Homeowners Association, Inc.  Briarcliffe Homeowners Association was incorporated December 8, 1982.

How are new homeowners being notified of the HOA? 
New homeowners should be notified by their attorney at closing, potential new homeowners should be advised by their Real Estate Agent.  New homeowners that were not notified by their Real Estate Agent and/or Attorney have been notified by our Management Company (AMG) or can find the By-Laws on Briarcliffe's webpage (briarcliffehoa.org).  It is not the Board's responsibility to notify new homeowners.

What are the landscaping requirements/restrictions?  What document can provide this information? 
There are no landscape requirements so-to-speak.  Declarations of Covenants and Restrictions for individual subdivision construction phases, easements shown on property plats, architectural approval of new-to-be constructed buildings and/or county ordinances determines sizes, finishes, placement of out-buildings and other hardscape/softscape appurtenances.

Is per household cost from the management group negotiable?  Can they only get the $11/house based upon their collection success? 
Household cost has already been negotiated based on the services we contracted to perform for a six-month contract.  Their track record shows an average % increase in collections.  If their collections increase does not meet their average, we will then discuss further negotiations but no guarantee of reduced pricing has been given.  FYI - another local management group that was consulted quoted $12,000 annual fee for 750 homes.

Is the pool a common area?  If so how is the insurance being calculated (resident concerned, we are getting double billed). 
The pool/clubhouse/pavilion and tennis court is a common area deeded to Briarcliffe Homeowners Association on March 22, 1984.  All homeowners share liability for common properties.  Insurance premium is for 750 homes as "owners” (calculated by the carrier) and provides us with $1 million coverage.  Insurance coverage increases next year to that reflected on the 2017 Proposed Budget.  Question 3(a) gives further explanation of insurance-need criteria.  Current policy is insufficient.


If the pool is a common area why isn’t it covered under yearly fees?
  Why is it separately managed?
 
The pool is a common area.  Our tenure as Board Members reveals that membership averages 43 members and costs in excess of $7,000 to operate.  That money does not come from homeowners but from pool members joining annually and is not calculated in Proposed Budget.  Based on these numbers, we would have to increase annual Association dues by approximately $10 and will require collection from all 750 homes.  When developing Briarcliffe Estates, Russell Jeffcoat opted to separate the pool/tennis court as a "pool & racquet club" and require "using members" to pay for its operations and directly-related-equipment maintenance.  We have not suggested changes since inheriting the BHA duties.  It is separately managed by a Pool Committee formed from neighborhood residents that report to the BHA Board.  Additionally, keeping pool funds separate from BHA funds allows for easier management with no possible intermingling of funds.


Is there a way to get the county to install more speed bumps on the Briarcliffe East raceway?
 
This current Board worked diligently with former RC Councilwoman, Val Hutchinson, to get those we have.  More will require pressure from residents (many more than the Board members).  Pressure can be in the form of RC Sheriff contacts but the most successful approach was contacting our "elected" council member.  We tried on another occasion when our new representative was elected and never even received the courtesy of a call or visit.


Will dues be increasing in the foreseeable future due to management group?
 
Dues might increase in the foreseeable future but not as a result of the management group.  As shown on the 2017 Proposed Budget, when all 750 homeowners pay their $40 annual dues, we can make it work with minor adjustments. We can delay or modify some needed maintenance on the clubhouse and other structures.  Dues are driven by many factors aside from the management group (e.g. utilities, insurance, property taxes, common property maintenance costs, etc. - all of which continue increasing).  Services of the management group is necessary to insure we maintain accurate homeowner and association records, quickly and professionally communicate with a multitude of lawyers, realtors, banks, corporations in closing/foreclosure proceedings, send notices, manage/record incoming & outgoing funds, maintain insurance, balance monthly books, prepare needed tax papers, file/pay annual tax exempt/corporate papers, etc.  No individual resident can handle the work requirements for 750 homes.  The management group can and does use upwards of four employees at certain times of necessity. 

Your Boards comments and final thoughts regarding membership comments, questions and concerns: 
Our best method of holding down dues is for every paying member to encourage and educate your non-paying neighbor.  This Board is comprised of homeowners - just like you.  We don't want to pay any more than necessary - just like you.  However, we want to live in a decent, well maintained neighborhood that anyone would be proud to call home and invite friends/family to our homes - just like you.  Please help us help ourselves - and you.  We need your support to accomplish what we believe everyone wants that lives here or is looking for a new home. Thank you in advance.