HOA obligations

Started by WendyS6 • 2 replies • 1095 views

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WendyS6 (Ohio)
Posts: 1

Posted:

My husband and I bought a single family home in a development with an HOA approximately three years ago. We have never lived in a development with an HOA prior to this. Our HOA fee is only $100/yr and we do not have any issue paying that. Each year we get a bill and send our check to the P.O. Box on the bill. There is also an email address and a Facebook page dedicated to our HOA. My issue is that I don't know the names of the board members and there is no way to contact them. There has been no mention of an annual meeting in the three years we have lived here, nor have we seen any kind of annual report or financial statement. The last post to the website is dated September 20, 2012. The last post on the Facebook page is 2014. There are no phone numbers to contact anyone. I have emailed them in the past at the provided email address with no response. Is this normal? As a homeowner, what are my rights in Ohio? Thanks!

SheliaH (Indiana)
Posts: 6,964

Posted:

No it's not normal, but I'm surprised that it's taken 3 years before you recognized something didn't seem right. We can't give you any legal advice, so if you're wondering if you should continue to pay, run that past an attorney (who may be able to do some research to see where the money's going.)

But before you go that route, take a look at the documents you got at closing and see what they say about the HOA Were any documents filed with the state? Usually, the secretary of state's office keeps records of incorporation papers and annual reports - you may have to check when was the last time anyone filed any papers and start with contacting that person.

Have you spoken to any of your neighbors to see if they have any information? You may have to speak to several- take note of any names mentioned on the website and Facebook entries and bring them up - someone may recognize them and refer you to that person's address so you can follow up.

Does the website have any contact information for a webmaster and if so, did you try to contact him or her? Does your bill say anything about a property management company and if so, did you try contacting them for any information?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Wendy,

Is the Association still being developed (that is to say, builders are selling homes vs. private individuals)?

If it is, then it's likely the developer is the Board. At the very least, they likely have the votes to control what goes on within the Association.

Is your Association incorporated?
If it is, your State may require that the names of the Board members be sent to the corporation commission. You can find out by going the Ohio Secretary of State site (you don't need the exact name).
See: https://www5.sos.state.oh.us/ords/f?p=100:1:0:::::

At the very least, you can find out who the registered agent is and send a request for information there. However, I would first try sending a letter requesting the information to the same PO Box you send your payments to.

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