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The Orchards @ Anderson Heights Homeowners' Blog

The Official blog of The Orchards @ Anderson Heights – made by homeowners, for homeowners


Do you have more questions about how the Orchards handles elections? Contact the webmaster a note and we’ll get answers posted here!

Board of Directors

What is the purpose of a Board of Directors and what is their role?
Your Association is a non-for-profit corporation. As such, the Board’s responsibility is to run the business of the corporation. In most corporations, the board has a fiduciary responsibility to the stockholders or owners of the corporation. In an HOA, the fiduciary responsibility still exists, but the responsibility is to the Community it serves. 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 same subdivision and who are elected to that position by the members of the Association. All affairs of the Association are governed by the Board of Directors.

How many Director positions are there and when are they up for election?
At the Orchards, there are five Director positions. Each Director is elected to a two-year term, and each year at the Annual Meeting, two or three positions are open for election: two positions are open in even-numbered years and the other three are open in odd-numbered years.

What empowerment does the Board of Directors have?
Pursuant to the Bylaws, the Board may (includes, but is not limited to):

  • Fill a vacancy on the Board of Directors
  • Establish rules and regulations for the association
  • Set the Monthly Assessment rate
  • Contract for services of the association (management, landscape, maintenance, etc)
  • Use and disburse association funds
  • Establish committees
  • Enforce the CC&R’s
  • Prepare the annual budget
  • Insure the association
  • Invest excess funds controlled by the Association
  • Establish an architectural review committee
  • Collect assessments
  • Establish the standard of care for the maintenance of the common areas
  • Interpretation of the wording in all governing documents

How is the Board of Directors elected? What is the election process?
The members of the association vote to elect the Board of Directors. Each association has specific bylaws outlining the process for board elections. 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 secret Ballot is taken for the nominees who are running for a position on the Board. Each voting member must also be in Good Standing in order for their vote to count. All the votes will then be tallied and the results announced. A Director may hold more than one position, Secretary / Treasurer.

Can anyone run for the Board or who can be elected?
Any Owner may run for the Board of Directors. As of the time of this writing, renters/lessees may not run for the Board. (It is interesting to note that Owners who are in a “delinquent” status may run for the Board, but if elected, may not vote on any issue until the delinquency is resolved.) No one can run for a specific position – the newly elected Board selects their officers at their first meeting after the election. In essence, the Board determines who holds which office. It is normal for these assignments to be for the entire term of office, but the Board may alter positions at their own discretion.

What about association committees?
Committees are not elected positions, so there is no “election process” to be on a Committee. Committees are established (and terminated) at the discretion of the Board of Directors. The Board may select the Committee Chairperson at its own discretion or may allow the Committee to select its own Chair; also, the Board may replace that individual at any time or dissolve the Committee at any time. The only committee which must exist at all times is the Architectural Review Committee – it cannot be dissolved. Committees may be formed for specific purposes and disbanded when no longer needed. For example, if the community wants to put together a community-wide holiday event, the Board may form a Committee to organize the event, then disband it after the event is over.

I don’t want to run for the Board but would like to assist in a Committee? What are the requirements?
First, if you have an idea for a Committee, bring it to the Board at the next open meeting, or call enTrust and speak to the Property Manager for the Orchards. Once the Board decides to create that Committee, or if you want to participate in an existing Committee, the Board can appoint you to work on that Committee (or Chair it).

What is a Proxy and its purpose?
The definition for proxy is “the function or power of a person authorized to act for another” or “the person so authorized.” The purpose of a proxy is important as it allows for voting and establishing a quorum in order for business to be conducted. If you can’t attend the annual meeting, for example, the instruction packet will contain information on how you can appoint someone to act as your proxy to vote for you.

Is it mandatory I complete the proxy form if I’m not attending the meeting?
The Proxy form must be completed ONLY if you do not plan on attending the meeting. The form must be completed and signed by you, the homeowner, naming your proxy holder such as your neighbor or a member of the Board. 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.

What is a quorum?
A quorum is the number of Members of the Association required in order for the Board to legally conduct certain kinds of business. At the Annual Meeting, for example, a minimum of 20% of the eligible votes must be present, either in person or by proxy, in order for the election to be conducted. If there isn’t a quorum, the vote cannot legally be conducted. In this case, the Board will declare that the vote will be conducted at a new date, and the process of mailing proxy instructions, an agenda, and all the rest of the Annual Meeting packet must be repeated. (This is very expensive, which is another reason why it is important for Owners to send in a proxy form if they cannot attend the meeting.) The CC&Rs contains additional examples, most of which use a different percentage as the quorum.

Why can’t I get the names, addresses, and phone numbers of my Board of Directors? Don’t they work for me?
Your Board of Directors makes decisions for your Association. However, they volunteer for these positions and receive no money for the jobs that they perform. enTrust Management represents the Board and your Association, which entails being the first line of contact for all communications addressed to the Board. Also, we cannot legallly give out personal information of any homeowner, including your Board of Directors.

Is there one vote per family member?
One Lot = one vote. If a person owns more than one Lot, that person will have one vote per Lot. If multiple (adult) residents attend a meeting from a single Lot, they get only one vote total for that Lot.  

Budget and Assessments

Do we have a budget?
Yes. Each owner is mailed a copy prior to the Annual Meeting. Additional copies are available through your management company. The budget is established by the Board, with the assistance of the management company, but it is not voted on by the Membership.

How can I find out how my Association dues are being utilized?
Your Community Manager can provide you with this information. However, 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.

What are Assessments and how are they 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.

Are my Assessments fixed or can they be raised?
The rate of Assessment may be adjusted by the Board of Directors but shall not be increased by more than 20% per year exclusive of any projected increases for utilities. Any increase over the 20% limit (plus utility increases) must be approved by vote of the Membership; 67% of the Membership would need to vote for the increase (by proxy or in person).

What is a Special Assessment?
In addition to your Assessment, the Board may levy, in any assessment year, a Special Assessment. If approved (see the preceding paragraph), the Special Assessment is a one-time bill sent to each Owner.  They are made only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement on or which is a part of the Common Facilities. The Special Assessment must be for a specific project or purpose, which must be declared prior to the vote.

Other Questions

I hear the terms Homeowner Assessments/Homeowner dues/Homeowner Fees. Is there a difference?
They all point to the same thing: the payment you make each month to the Association for the Orchards at Anderson Heights (also called “the Subassociation” because it is a part of the greater “Anderson Heights” Master Association). 

If I have lost the copy of the Association documents I received at my closing, how do I obtain another copy?
Contact enTrust at 266-2000. Requests for documents may have an associated charge for the reproduction and mailing (actual cost only). You can view a copy of the documents on this blog, as well.

I have lost my Association dues statement or coupon book, where do I send my payment?
Payment should be sent to the lockbox:
The Orchards at Anderson Heights
C/O enTrust Association Management 
ATTN: Pat Parkison
2823 Richmond Drive NE
Albuquerque, NM 87107

Also, please remember to put your account number on your check before mailing.

Who do I contact if I want to update my personal/gate information?
Contact Pat (at enTrust) by calling 266-2000 or send the information to the address above.

I’d like to start external projects on my home i.e. Sprinklers, building a shed, etc. Are there any requirements / guidelines?
Any exterior modifications or additions to your home or any structural changes must have prior written approval from your Architectural Review Committee (ARC). For information, applications and further details, contact enTrust at the phone number above. You should note that this approval process may take up to thirty days; therefore, do not schedule any construction work or purchase any equipment until you obtain written approval.

Are rules in place to settle 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.

What is deemed a Common Area Facility?
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. Within our community, this includes all streets inside the gated area; signs; swimming pools and adjacent buildings; recreation sites with associated furnishings; basketball courts and associated equipment; landscaping; exterior/perimiter walls; parking lots; centralized mail boxes; and any other facilities so designated by the Board of Directors.

Can I post fliers or other signs on the mailboxes?
No. Postal rules prohibit the posting of any materials on the mailbox cluster units. Mail carriers can remove anything nailed, screwed, taped, glued, or otherwise affixed to the mailboxes. Other penalties may apply.

Do you have more questions about how the Orchards handles elections? Contact the webmaster a note and we’ll get answers posted here!

Pay Dues

Homeowners can make payments online by going to: https://hoamco.com/payment.html


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If you have any questions or comments about this site, the HOA or anything else, please go the Contact page and send a message!

HOA Management Companies:

The Orchards – Sub-Association &
Anderson Heights – Master Association
8700 A Education Pl NW
Albuquerque, NM 87114
(505) 888-4479

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