No Bylaws recorded-what now?

Started by JillD1 • 2 replies • 1487 views

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JillD1 (Ohio)
Posts: 1

Posted:

Hello, our HOA does not have a full committee and some home owners have not paid their HOA fees for the year. I am wondering since we do not have any Bylaws recorded, can we still file a lien, collect and run our business as usual (before the new planned community act went into effect in 2010)?

We do however have on file our CC&R (filed 2004).

Also- is it mandatory that we have a full committee since this new law went into effect?

Thanks!!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hi Jill,

Welcome to the forum. Glen is our resident Ohio expert and can likely answer your questions.

Typically, the Declaration of Covenants, Conditions and Restrictions (CC&Rs)is what gives the Association the authority to collect Assessments not the Bylaws.

Based on your posting, I am of the expectation that your Association does have bylaws and that they just haven't recorded them with the State/County yet (as defined in the Ohio Act. I doubt that this will prevent the Association from filing or collecting on a lien. However, the Association should get the Bylaws recorded so they are in full compliance with the new law and to prevent any issues.

In addition to your Governing documents and the 2010 law, if your Association is incorporated as a nonprofit (most are) then they must also comply with Ohio NONPROFIT CORPORATION LAW.

When you say that you don't have a full committee, do you mean that there are vacant seats on your Board of Directors? If this is the case, how many Directors are you suppose to have and what are the quorum requirements for a board meeting?

Tim

GlenL (Ohio)
Posts: 5,491

Posted:

Tim actually I tried to answer this and it wouldn't let me. One thing I was going to add is that it is very important to have a fully functioning Board that complies with the law.

1 HOA Pres, No Mgmt, and No Board Members?
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/133163/view/topic/Default.aspx

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