AnabelD (Ohio)
Posts: 1
Posts: 1
Posted:
A few questions regarding Ohio HOA's fees.
Fees:
We have Articles of Incorp (code of regulations) - they say "The Association shall collect and disburse funds for all purposes which the Board determines from time to time to be for the general benefit of the owners of residential lots including: Utilities/Waste removal, insurance, landscaping, swimming/rec facilities, employment of security personnel, employment of services and personnel for maintainence, and property tax."
Assessments: "owners thereof shall be subject to an annual assessment for each calendar year in amounts as determined by the members of the Association prior to the end of the preceding year. The association by vote of those members entitled, may adopt reasonable rules and regulations from time to time for the maint. conservation and beautification of the entire subdivision. In any conflict, this code of regulation prevails.
To amend the articles of incorp, you need 2/3rds vote.
The Declr of Restrictions: "The architecht. control cmte will be empowered to levy, assess, and collect and amount necessary for carrying out of its responsibilities. In the event any amount so assessed or levied is not paid when due and remains in arrears for more than 60 days, a lien may be filed."
The last notification to homeowners was "Dues are $60. and to be used for maint., newsletters, taxes, landscaping. Dues not paid within 60 days will be subject to a lien."
So my argument against this practice is: Our Regulations and our Deed Restrictions say nothing about fines for late fees or interest. We have not set, nor told the homeowners about any fines. We hired an outside management company who started fining people whose payments were after May 1. They get to keep 35% of the fine revenue. They cannot do this without explicit permission contained in the Code or Declaration. If we change the laws, does it need to meet the 66% requirement? Oh, and their letters do not contain the 4 things they must, specifically, "A right to a hearing before the board to contest the proposed charge or a Statement setting forth the procedures to request a hearing. Finally, if we do change them, but don't file them with the county, are they valid? Are they valid retroactively?
Based on the above, who wins in civil court - The board or the homeowner?
Fees:
We have Articles of Incorp (code of regulations) - they say "The Association shall collect and disburse funds for all purposes which the Board determines from time to time to be for the general benefit of the owners of residential lots including: Utilities/Waste removal, insurance, landscaping, swimming/rec facilities, employment of security personnel, employment of services and personnel for maintainence, and property tax."
Assessments: "owners thereof shall be subject to an annual assessment for each calendar year in amounts as determined by the members of the Association prior to the end of the preceding year. The association by vote of those members entitled, may adopt reasonable rules and regulations from time to time for the maint. conservation and beautification of the entire subdivision. In any conflict, this code of regulation prevails.
To amend the articles of incorp, you need 2/3rds vote.
The Declr of Restrictions: "The architecht. control cmte will be empowered to levy, assess, and collect and amount necessary for carrying out of its responsibilities. In the event any amount so assessed or levied is not paid when due and remains in arrears for more than 60 days, a lien may be filed."
The last notification to homeowners was "Dues are $60. and to be used for maint., newsletters, taxes, landscaping. Dues not paid within 60 days will be subject to a lien."
So my argument against this practice is: Our Regulations and our Deed Restrictions say nothing about fines for late fees or interest. We have not set, nor told the homeowners about any fines. We hired an outside management company who started fining people whose payments were after May 1. They get to keep 35% of the fine revenue. They cannot do this without explicit permission contained in the Code or Declaration. If we change the laws, does it need to meet the 66% requirement? Oh, and their letters do not contain the 4 things they must, specifically, "A right to a hearing before the board to contest the proposed charge or a Statement setting forth the procedures to request a hearing. Finally, if we do change them, but don't file them with the county, are they valid? Are they valid retroactively?
Based on the above, who wins in civil court - The board or the homeowner?