Developer waited over 50 years to turn over common property to HOA Now what

Not sure if anyone can help with this debacle. Our developer is just now willing to turn over a common lake,(actually a portion of a river was dammed to create it)and the playground/beach area. Both of these properties are held in the name of the developers company name.
Now that the dam is over 50 years old and well beyond its years and has been in violation of the Ohio Dept of Natural Resources standards for more than the past 10 years, and the lake itself has silted in without ever being dredged due to the fact that this lake also serves as a water runoff retention basin he is wanting to turn over the lake and the beach area to the HOA.
Unfortunately the HOA was never recorded as part of anyones deed and the few deed restrictions that are recorded have been violated many times to the point of being worthless.
Some HO would be willing to take on the lake and beach area if the dam was repaired and the lake dredged,but we cannot figure a way to enforce the idea that this would be common property and all the HO's would need to contribute to its maintenance.
In the past the HOA was regarded as a social organization with dues of $40.per year in a 210 single family home development.there are aprox. 80 homes that currently pay dues and the monies go toward two potlucks per year,one of which is the mandatory HOA meeting and to the maintenance of the park/beach lighting, painting weeding,mowing etc.area which is used mainly by residents off the lake as access and somewhere for kids to play.
As far as lake maintenance the HOA has paid for the stocking of sterile white amurs and copper sulfate treatment to keep the weeds at bay and an aereator.
Also the best offer that we have received from the developer is an interest free 30year loan to pay for the dam repairs,which he expects the HOA to convince everyone to join and take on the $100. per household payment that would be necessary from every homeowner.How big is this guy dreaming???
The HOA feels that some govt agency such as ODNR should be forcing this guy to do the repairs and belated maintenance such as dredging before we take on the property. I would think from what I have read that is the norm but without the funds or the time to sue what recourse as HO do we have?? We are looking ahead and without the assurance that we can enforce everyone to contribute to the HOA since prior to this property turn over the dues was never mandatory how can we maintain and set up a reserve to take care of future expenses down the road? Any input would be greatly appreciated.

You mention your area being 50 years old - back then, there may not have been HOA requirements.
You say the dues were never mandatory 5, but an annual HOA meeting is mandatory 3. Strange. Are you an Incorporated or Unincorporated Association?

I wonder what would happen if whatever you are was disbanded, to whom would this developer try to offload the dam repairs?

However, with aquisition of this asset, and the ability to improve it, you may be enhancing property values in the area, so it would seem fair, that since they kept it for 50 years, your option should also be a 50 year interest free loan.

Is it of any value or use to anyone besides the folks in your area? If not, perhaps you can thank him for the offer, but advise that you are cash strapped, and perhaps it would be more financially advantageous for him to sell on the open market.

Seems like this may more be a matter that would be settled at a County, State or Federal level.

Sarah, look at the recent posts. There is one about a voluntary to mandatory association.

If you do purchase will need to set up a reserve for the future expenses of the lake. This is basically a savings account that is held and funded on a yearly basis for a common element.

Did you try the National Wildlife Refuge or the US Fish and Wildlife Service. They could possibly help with either enforcement or point you in the right direction.

We have tried to track down the performance bonds that we know existed and keep getting told that they cannot be located.

Sarah - Is it possible for him to remove the dam and eliminate the lake? Sounds pretty expensive to restore it. I don't know how he can force you to take it. If he does abandon it, I should think it would then become county or township responsibility, or whoever buys it at tax sale. Shouldn't your county or state environmental agency be involved with the dead fish, etc.? How could they force adjoining property to assume responsibility? And if there are no mandatory requirements on your deeds to maintain this lake, how are you going to collect the necessary $ to do this? Some might, and certainly some will not. And also to collect the reserves needed for down the road? And insurance for legal liabilities. Why would you want to take on such a headache? You can't force someone to join an HOA. It requires 100% approval.

SarahO you might try contacting the Army Corp of Engineers they may have some say on the matter since it involves damming of a river. (One word of caution is once you get them involved you might not like the outcome; Federal Agency with its own agenda and all.)

Imo I would not take possession of the property in this condition as you and your fellow homeowners' may become responsible for hundreds of thousands of dollars in repairs. I would get the homeowners that are involved to pony up $10.00 each and consult an attorney and get an expert opinion of the liability you all face.

You could sue him to get him to bring it up to snuff or if he stops paying the taxes on the property you and your neighbors could raise your dues by $4.00 a year and pay them for him. Just walk into the County Clerk's office with $300.00 in cash and pay them which would keep him on the hook - or his heirs as if he's had it for 50 years he must be getting up there!

But whatever you decide to do - raise some money and talk to an attorney

We did phone our congresswoman whose staffer was all hepped up to help us out and rattled off a 1/2 dozen names of people and agencies they would contact on our behalf and then when we sent a letter detailing the situation the only response we received was they would send a letter to the governor on our behalf.

With 210 homes, and an average age of 60+, you have the forces necessary for about 40 folks a day keep calling as many "political" entities/persons as possible. You CAN WEAR THEM DOWN with the constant phoning. (I once had an overseas bank refuse to respond to me, so I kept faxing them my business request, using 2 pages over and over, until they had to call and beg me to stop faxing - my request was completed 2 days later.)