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AnneM8 (Ohio)
Posts: 2
Posted:
Can an HOA (Ohio) levy fines for Restriction violations without a fee schedule available to members? Our HOA has levied fees for various violations but they seem to be arbitrary. For example: dumping yard waste in a common area = $75, $100, $50...3 different homeowners, but all first offenses. $500 for having an unattached shed which was subsequently removed by owner, but the Board never followed up on letters from the h/o in effort to prove compliance. Can the HOA do this? How to best proceed to rectify the current situations and avoid future disputes? Obviously one solution is to follow the CC&Rs, but the yard waste fines were levied based on anonymous complaints to the management company. Thanks in advance.
GlenL (Ohio)
Posts: 5,491
Posted:
Yes they can but IMHO they should have a fee structure to prevent the appearance of arbitrary fines, it could be they were responding to different amounts of debris. A couple of tree limbs $50.00, a bushel of clippings $75.00, limbs & clippings combined $100.00. The people fined have a right to request a hearing and state their case before the fine is imposed: 5312.11 Individual lot assessments.
(C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice that includes all of the following:

(1) A description of the property damage or violation;

(2) The amount of the proposed charge or assessment;

(3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment;

(4) A statement setting forth the procedures to request a hearing;

(5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge or assessment, if such an opportunity to cure is applicable.

(D)(1) To request a hearing, the owner shall deliver a written notice to the board not later than the tenth day after receiving the notice this division requires. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board immediately may impose a charge for damages or an enforcement assessment pursuant to this section.

(2) If an owner requests a hearing, at least seven days prior to the hearing the board shall provide the owner with a written notice that includes the date, time, and location of the hearing.

(3) The board shall not levy a charge or assessment before holding any hearing requested pursuant to this section.

(4) Within thirty days following a hearing at which the board imposes a charge or assessment, the owners association shall deliver a written notice of the charge or assessment to the owner.

(5) Any written notice that this section requires shall be delivered to the owner or any occupant of the dwelling unit by personal delivery, by certified mail, return receipt requested, or by regular mail.

But the BEST PLACE to get answers to your questions is right from the Board, hopefully at a meeting but for some reason the politicians didn't see fit to require open meetings for HOA's like they did for COA's.

You can read the statutes for HOA's here. http://codes.ohio.gov/orc/5312


Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posted:
Ann - you won't see the actual fee schedule in the CCRs. What is stated there is the permission to have a fining schedule and the procedure of the fine steps.

The actual amounts and the reasons for the fines would be set by the board and could change as the years go by. They probably would be a policy and procedure or a rules and regulation.

AnneM8 (Ohio)
Posts: 2
Posted:
Thank you for the responses. Regarding violations, specifically in Ohio, who bears the burden of proof, the accused (homeowner) or accuser (HOA BOD and MC)? If a violation was never proven, how can a fine be imposed? HOA Board alleged violation due to visual appearance of less than 12" of shed encroaching on community property. HOA has no maps, surveys, measurements to substantiate if shed actually is in violation. BOD and MC state that burden of proof is on homeowner because they "may" be in violation because it "seems" shed may be on community property. Are the management company and Board correct in demanding that the homeowner must prove their shed in not in violation? And demanding that the only acceptable proof is a survey report which would cost the homeowner upwards of $200?
SusanW1 (Michigan)
Posts: 5,202
Posted:
I'd say the one who made the accusation has the burden of proof. Sit tight.

PS how did you get the OK for this shed, anyway?

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