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MichelleE (Ohio)
Posts: 5
Posted:
Need all the help we can get.

We have just learned that our State does not have seperate HOA law, so only the non-profit corporation laws cover us. Our HOA in the past has been so laxed that no one cared, big concerns were addressed, but now, the nitpicking is coming.

So the protections that the condo laws offer for management and reserve fund mandates, do not protect single family homes covered by Deed Restrictions and covenants. We need to replace our community fence. We have most of the funds in reserve to do this, but, somehow, our BOD wants to charge a special assesment to cover these cost, because they don't want to use the reserve funds.

Our BOD is finding new documents everyday to enforce on the homeowners. Says they are Corporate documents.

We want the insanity to stop.

What is the best way to change this. I know there must be a 75% majority vote. Can that be done with a petition?

Help is needed.

JanaC (Tennessee)
Posts: 31
Posted:
Join the crowd, I don't have the answer but am so glad you asked.

Jana
BrianB (California)
Posts: 2,820
Posted:
your HOA by-laws will tell you everything you need to know about what the board can do, how they must do it, and how to change the board. It will tell you that you can call for a special meeting, hold an election, etc. to change them and give you directions on how.

In general, Corporation law will not apply to homeowners. It may apply to the HOA itself, but not typically an individual owner. I cannot imagine an HOA board enforcing a corporation/non profit law against it's owners. can you give us an example?

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