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MikeG14 (Delaware)
Posts: 5
Posted:
I'm in Ohio. Is there any law that states HOAs must send out yearly budget breakdowns to all residents? We've been established for years, and not one has been sent. Or, do they just have to keep it on hand if somebody asks? Our HOA is the worst pile of garbage.
KerryL1 (California)
Posts: 14,550
Posted:
welcome, MikeG. I'm not the one to look up OH statutes, but someone here may be kind enough to do it for you. CA requires this "breakdown" be sent to Owners before the beginning of every budget year.

What you can easily do on your own is to read your HOA's bylaws and CC&Rs (aka, convents, restrictions, declaration). Our bylaws, for instance, list all of the HOA records that Owners can inspect.
MikeG14 (Delaware)
Posts: 5
Posted:
I found and read our HOA laws regarding budget and there is nothing that states they have it available or send it out yearly. What site can I google to find Ohio specific law on this subject? Thanks.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Kerry said. You might also want to take a look at this link: http://codes.ohio.gov/orc/5312

While you're reading this, note when these various statutes took effect - sometimes HOAs that were in existence at the time the law was enacted are execpt, and sometimes not. That's why I always recommend people go to a private attorney if they want answers to legal questions.

I also say if the HOA is full of caca (and many of there are in one form or another), it's usually because the HOMEOWNERS aren't keeping the board (who they elect and reelect) in check. If you want to change things, talk to some of your neighbors - you may find they're just as pissed as you and if all of you work together, you might be able to get this group to straighten or rally everyone together and toss them. Just be sure you have people ready to step up and serve

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MikeG14 (Delaware)
Posts: 5
Posted:
Unfortunately it's not that simple. Our president has the management company and other board members duped. He has done things that no president or board member should be doing. Selling a product to the HOA because he is unhappy with it and replacing that item. So essentially taking money out of our budget for his own personal needs. We are way too close for comfort as our development is less than 55 homes. He has duped almost everybody and I have a few people who will back what I say but they won't speak up. It's out of fear and not wanting to cause a rift. I guess my next step if the mngmt company does nothing or does not respond is to contact their attorney. They have lots of questions that needs answering!
MikeG14 (Delaware)
Posts: 5
Posted:
Thank you for the website info.
KerryL1 (California)
Posts: 14,550
Posted:
Also look at your CC&Rs, Mike. They might help (& my typo should've said "covenants").

Have you sent a written request for the the 2018 budget to the property manager?

Yes it does take work to throw the bums out. But if you can find some willing to serve, and your annual elections are by secret ballot, your should be able to vote in new directors.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MikeG14 on 04/02/2018 12:33 PM
Unfortunately it's not that simple. Our president has the management company and other board members duped. He has done things that no president or board member should be doing. Selling a product to the HOA because he is unhappy with it and replacing that item. So essentially taking money out of our budget for his own personal needs. We are way too close for comfort as our development is less than 55 homes. He has duped almost everybody and I have a few people who will back what I say but they won't speak up. It's out of fear and not wanting to cause a rift. I guess my next step if the mngmt company does nothing or does not respond is to contact their attorney. They have lots of questions that needs answering!

No, it's never simple or quick to bring power mad presidents to heel, but it's not impossible to resolve - if you have the will, are patient, plan your offensive carefully and get like minded neighbors behind you. You have 55 homes, meaning you have at least 55 owners, whereas this is one person. Are you telling me 54 people can't handle one person? As for the other board members, I'm sure the rest of you still outnumber them, so if they go along with everything this man is doing, you need to put them out as well.

I do understand the ones who are afraid to speak up, but this is their home and community and someone needs to make it clear to them that if they don't like the way things are going, but fail to do anything about it, nothing will change. No one wants to cause a rift, but remember the words of Frederick Douglass - power concedes nothing without demand - it never has and it never will.

As for the management company,, they work at the board's direction, so if they're only listening to this guy and no one else, maybe they need to be the next to go.

Where to begin? Your statement "Selling a product to the HOA because he is unhappy with it and replacing that item. So essentially taking money out of our budget for his own personal needs" is confusing. Is that supposed to read "the HOA purchased something, he didn't like it and replaced it?" Was it one item or half a dozen? How do you know this is what happened and HOA money was involved? Have you confronted the board about this (particularly in front of your neighbors so they can hear the answers as well?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ShirleyC (California)
Posts: 117
Posted:
In California HOA's are governed by state laws and cc&r's and bylawas are written to comply with those laws. If your by laws don't tell you to do a budget and how to do that budget you maybe can go to state laws.
ShirleyC (California)
Posts: 117
Posted:
In California HOA's are governed by state laws and cc&r's and bylawas are written to comply with those laws. If your by laws don't tell you to do a budget and how to do that budget you maybe can go to state laws.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

All corporations, and an association is one, must produce a Annual Financail Statement. re you sure there has never been one?

MikeG14 (Delaware)
Posts: 5
Posted:
There are bigger issues than the budget. They claim they passed one out at the first meeting they ever held in September. I think they should mail them out to everybody. That's what happened when I lived in a condo. So if you miss a meeting, you'll still get one. They are a poor excuse for a company.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

So they have presented budgets at the Annual Meeting (as required) so why do you say they never have? Do they need to personally deliver yours?
KerryL1 (California)
Posts: 14,550
Posted:
It doesn't look like Mike has checked OH state laws yet.

Some states like CA, JohnC, require the budget be sent lonie or via US mail every year along with a lot of other materials, a summary of the reserves study, for instance. Mike needs to learn what's required in OH.
TimB4 (Tennessee)
Posts: 21,059
Posted:
With a counter of zero, it appears that Mike, the OP, has resigned from the forum.

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