Frequently Asked Questions

Why is it necessary to form a homeowners association?
Tartesso’s developer, Stardust-Tartesso W12, Inc., also known as the Declarant, has planned and created recreational amenities and open space (Common Areas) within the community for the use and enjoyment of its residents. Also, in order to maintain the character and integrity of the community as a whole and protect property values of homes within the community, the Declarant has also established a system to oversee the architectural and aesthetic components of the community. This development plan has its foundation in the recorded Declaration of Covenants, Conditions, Restrictions, Reservations and Easements for Tartesso (CC&Rs), and in the homeowners association, Tartesso Community Association (the Association), formed as a nonprofit corporation for the express purpose of overseeing the performance of these responsibilities. The Association owns the Common Areas and is responsible for their maintenance and repair. The CC&Rs also set forth systems, rules and guidelines related to community living.

Is Membership optional?
No. All Owners of Lots within Tartesso automatically become Members of the Association and by accepting deed to property within the community agree to abide by the CC&Rs. Membership carries with it certain privileges, such as voting, and certain responsibilities such as the obligation for paying Assessments. Assessment revenue finances ongoing operation costs including landscape maintenance, utilities, insurance, management, administration, architectural control and violation enforcement. In addition, a reserve account is funded for long term maintenance and repair of Association property.

Who is in charge of the Association?
The responsibility of running the Association is assigned to its Board of Directors. The CC&Rs allow for the Declarant to appoint members to the Board during the development period to insure that the community may be fully realized according to the developer’s vision. When transition of control or “turnover” takes place, Members gain the right to seat an elected homeowner Board of Directors and take full responsibility for Association governance.

Does the Association control what I can do to my individual Lot?
The CC&Rs allow for the establishment of a Design Review Committee (the Committee) to create, protect and preserve the architectural integrity of the community. It approves the original building plans for all residential and commercial structures. Beyond that, the Committee reviews and approves all proposed changes to any Lot that may be Visible From Neighboring Property, the street or Association Common Area. This is accomplished through the architectural design application process, whereby an Owner requests approval in advance for any proposed changes to the Lot. All Owners are bound by the decisions of the Committee. The CC&Rs also address such restrictions as trash container storage, overnight parking, recreational vehicles, trailers, boats, unkempt yards and business use of residential areas. The Association is given enforcement authority through the CC&&Rs including legal action when necessary to remedy infractions. Through the architectural control process as implemented by the Committee, property values are protected and the community retains its aesthetically pleasing environment.

How can I be sure that there are limits on increases of the Assessment?
The CC&Rs detail specific procedures to control the Regular Assessment from year to year. Originally, the Board set a Maximum Regular Assessment determined by a built out budget as though all amenities and all Memberships were in place. Each year thereafter, the Maximum Regular Assessment is automatically increased by 10% or the cost of living increase as determined by the Consumer Price Index, whichever is greater, without a vote of the Membership. However, the Board may set the Regular Assessment at an amount lower than the Maximum. Any increase beyond the Maximum Regular Assessment requires a positive vote of two-thirds of the Membership.

Do homeowners have a voice during the period of Declarant control?
The Association is required to hold an Annual Meeting of the Members each year for the purpose of providing general information about the Association, presenting a financial report, and providing a forum for Members to speak to Association issues. This is an ideal time for homeowners to voice concerns and ask questions. However, it is not necessary to wait for the Annual Meeting. The Board of Directors employs a professional Managing Agent for the purpose of administering the daily affairs of the Association. The Community Manager visits Tartesso on a regular basis and is available by telephone or e-mail for Association related questions or problems. The Managing Agent acts as a liaison between the Board of Directors and the Members; collects Assessments; pays bills; oversees Association contracts and vendors; corresponds and communicates with Members; and provides financial reporting.

For more information about the Association, you may contact the Management Company.