Terms of Service

1. Acceptance of Terms

By accessing and using The New Villages at Prairie Haven HOA community management portal ("Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Site. These Terms are in addition to, and do not replace, the HOA's Covenants, Conditions & Restrictions (CC&Rs) and Bylaws.

2. Eligibility and Accounts

• Accounts are issued to homeowners of record within The New Villages at Prairie Haven community, limited to one (1) account per residential address.
• Your account credentials (address and password) are personal and may not be shared with non-household members.
• You are responsible for all activity that occurs under your account.
• When a property is sold, the seller must coordinate with the HOA Board to transfer account access to the new owner. The Board will update the account email and initiate a password reset.
• The Board reserves the right to suspend or deactivate accounts for violations of these Terms or the CC&Rs.

3. Dues and Payments

• Annual HOA dues are set by the Board and are due by the date specified each year (currently January 31).
• Payments are processed through Stripe, Inc., a PCI-compliant third-party payment processor. Processing fees are added to the payment amount and are the responsibility of the payer.
• Late fees will be assessed automatically according to the schedule set by the Board.
• Payment plans (monthly or quarterly installments) are available but must be completed by the annual due date.
• All payments are final. Refund requests must be submitted to the Board in writing.
• The maximum total penalty (including late fees and fines) for unpaid dues shall not exceed the cap set by the Board (currently 100% of the annual dues amount).

4. Fees, Fines, and Disputes

• The Board may assess fees for violations of CC&Rs, special assessments, or other one-time charges as permitted by the governing documents and Kansas law.
• Homeowners have thirty (30) days from the date a fee is assessed to file a dispute through the Site.
• Disputes are reviewed by the Board via majority vote. Board members who do not vote are not counted toward the majority threshold.
• The Board's decision on disputes is final, subject to any rights provided under Kansas law or the HOA governing documents.

5. Architectural Review Requests

• All exterior modifications to properties must be submitted for architectural review through the Site before work begins.
• The Board has thirty (30) days from submission to approve or deny a request.
• If a request is denied, the Board must provide a specific reason and any corrections needed for approval.
• If the Board does not respond within 30 days, the homeowner may resubmit the same request. If no response is provided to the second submission within 30 days, the request is automatically approved.
• Homeowners may resubmit denied requests with modifications at any time.
• Approval decisions are made by majority vote of Board members who cast a vote.

6. Maintenance Requests

• Residents may submit maintenance requests for common area issues through the Site.
• Neighbor concern reports are treated as confidential — the identity of the reporter is visible only to Board members and is not disclosed to other residents.
• The Board will make reasonable efforts to address maintenance requests in a timely manner but does not guarantee specific response times.

7. Messaging and Forum Conduct

• The messaging system and community forum are provided for community communication purposes.
• You agree not to use these features to: harass, threaten, or intimidate other residents; post illegal content; distribute spam or unsolicited commercial advertising outside designated forum categories; impersonate others; or post content that is defamatory, obscene, or hateful.
• The Board reserves the right to delete or flag messages and forum posts that violate these guidelines, and to move posts to the appropriate forum category.
• Messages sent to or from the Board are retained as permanent records. Resident-to-resident messages may be deleted by the sender or recipient.
• The HOA is not responsible for the content of messages between residents.

8. Board Member Responsibilities

• All Board members have equal access to administrative functions for transparency purposes.
• Board members must act in good faith and in the best interest of the community.
• Board actions, votes, and financial decisions are logged and visible to all residents through the Site.

9. Intellectual Property

The Site and its original content, features, and functionality are owned by The New Villages at Prairie Haven HOA. Content posted by residents (forum posts, messages, etc.) remains the property of the respective authors, but by posting on the Site, you grant the HOA a non-exclusive license to display and store such content.

10. Limitation of Liability

The Site is provided "as is" without warranties of any kind. The HOA shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Site. The HOA is not responsible for any errors, interruptions, or data loss. Payment processing is handled by third-party services and the HOA is not liable for payment processing errors.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of the State of Kansas.

12. Changes to Terms

The Board reserves the right to modify these Terms at any time. Changes will be posted on this page and residents will be notified through the Site's announcement system. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

13. Contact

For questions about these Terms, contact the HOA Board through the Site's messaging system or email board@thenewvillagesatprairiehavenhoa.com.