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SaswatiD (Ohio)
Posts: 4
Posted:
We live in a 60-home development in Ohio , with an HOA. A recent assessment of fine, under questionable circumstances, triggered me to look at the rules and regulations of our HOA. I found that the rules that we follow were set in 1988 when the development was being built. Many of these rules can be questioned and some could actually be dangerous. For example, (a) a rule could be changed by majority vote of a quorum of 25% homeowners being present - i.e. 8 homeowners can vote to change a rule that affects the whole association; (b) any BOD member can enter any property at any time, without notice, for any reason ; (c) rules for allowable external structures are vague at best, and could be interpreted in any way, depending on the mood or intent of the person reviewing them; (d) a BOD can approve expenditures of any amount for any reason that can be remotely connected to upkeep of the neighborhood, without seeking general approval of all homeowners, but the homeowners will have to foot those bills even if that means thousands of additional dollars per homeowner; etc During the past 12 years , the BOD members have remained pretty much the same, with little if any representation of significant minority groups of homeowners. The BOD imposes citations and fines randomly , but often to a minority group homeowner..... most homeowners are afraid or reluctant to fight back - so they comply . I am wondering what is involved in changing the HOA rules of a particular association to make it more sensible and pragmatic, more relevant to today's needs of homeowners and families, without sacrificing overall appearance and property value of the neighborhood. I am also looking for examples of rules that are written in plain english ( not legalese) and are easy to understand, follow, interpret and implement without controversy. I would appreciate hearing from anyone who can share a successful experience of a HOA making major updates to the HOA Rules. I would also appreciate receiving a copy ( even partial copy) of such modified rules, that can be a guide for me to start a dialogue with my neighbors. It will be an uphill battle for me as I belong to a minority group within this neighborhood ...... but I am trying to approach this with a constructive attitude that , i am hoping, will help everyone in this HOA. Thanks in advance for all inputs / suggestions / watchouts .
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By SaswatiD on 11/02/2015 8:17 PM
(a) a rule could be changed by majority vote of a quorum of 25% homeowners being present - i.e. 8 homeowners can vote to change a rule that affects the whole association;


This is a common problem both in HOA's and the real world. Those who do not vote cede their power over to those who do. The good news is that a person like yourself can change things by mustering up just a few supporters and being sure they vote.

Quote:

(b) any BOD member can enter any property at any time, without notice, for any reason;


That is a good way to get shot in many places and a good rule to change.

Quote:

(c) rules for allowable external structures are vague at best, and could be interpreted in any way, depending on the mood or intent of the person reviewing them;


The courts have held repeatedly that any restriction that is vague or ambiguous is not enforceable. The problem with that is that proving you are right costs huge amounts of money, time, and emotion.

Quote:

(d) a BOD can approve expenditures of any amount for any reason that can be remotely connected to upkeep of the neighborhood, without seeking general approval of all homeowners, but the homeowners will have to foot those bills even if that means thousands of additional dollars per homeowner;


It is common to place full authority to spend with the board, although various legal requirements to prepare and live within a budget normally prevents runaway spending. Some states require a certain level of reserve funding to lessen the need for special assessments. If you are being hit with special assessments too often then your board is not budgeting properly.

Quote:

During the past 12 years , the BOD members have remained pretty much the same, with little if any representation of significant minority groups of homeowners. The BOD imposes citations and fines randomly, but often to a minority group homeowner..... most homeowners are afraid or reluctant to fight back - so they comply.


If racial, ethnic, or religious minorities are being hit with fines disproportionately you may have a complaint for HUD to investigate under the Fair Housing Act. I have no personal experience with that but I am sure there are others on here who can advise you in this regard.

KerryL1 (California)
Posts: 14,550
Posted:
Saswati: please name the main governing documents of your HOA. For instance, your probably have CC&Rs (ale called covenants or the declaration). These are the most important things. Then, your article of incorporation. Next are your bylaws, which says how your HOA is governed, i.e., directors, officers, elections, meetings.

Last are your Rules & Regulations, which usually are the easiest to change and usually don't obtain a lot of legalese. Your HOA also may have Architectural Gudeilines.

But a couple of the things you write about usually are in your CC&Rs, not your Rules & Regs. One example is the Board's authority to spend, which Larry points out, is typical in HOAs. In some HOAs, though, the memberships must approved that annual budget.

Are your 60 homes detached? You seem to focus on outbuildings and what is/is not permitted? How is it that you know which owners' applications for these are turned down?

I do agree with Larry that no one should be allowed on an owner's property without 24 hours notice and written consent from the owner unless in an emergency that threatens the common areas.

It might be difficult for some to give you examples of rules. Ours, for instance, are many because we live in a high rise.

But, given a very small group in your HOA can change them, you could start out with the 4-5 that are the most unreasonable and change them. You may want to turn to Ohio's state laws for guidance too. If Glen checks in, he'll be able to help.

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