HOA - board member registration

If your Association is incorporated, there is typically a required annual report to the State's corporation commission. Failure to provide an annual report can result in the corporation (not the HOA) being dissolved by the State.

I see you are in Ohio.

Here is a link to the Ohio Corporation Commission search page:

https://ohio.gov/wps/portal/gov/site/business/resources/business-name-search

Thanks all. I can find the record on Ohio site but nothing listing current board members. I guess I am also trying to determine legitimacy. The HoA had its first annual meeting this February (I was there) but how would one know if board members changed? Is this only recorded in meeting minutes or is there some state doc filed every year when new board members are elected?

How old is this new community? I assume that because you mentioned a board president, you are no longer under developer control - but you mentioned a new board, and it sounds like the developer may have just turned over control to the homeowners.

These sorts of things typically are not in the CC&Rs, but the builder/seller should have provided written materials regarding community architectural standards. For a new build, it's not unusual for a buyer to be given a limited menu of choices from which to make their exterior selections. The point of this is to maintain consistency within the community and support property values for all of the homes in it.

Come to think of it, if your house isn't built yet, why is your builder not handling this? I work for a new home builder in Ohio, and this is not standard procedure for us. Buyers have no contact with the board until they have closed on their homes. They aren't members of the HOA until then, they are customers of the builder - you don't want to blur the lines of authority and responsibility. Your situation makes no sense to me.

So I recommend asking for written guidelines. I assume you received something in writing listing the items that weren't approved and where you can re-submit your selections. You don't want to be going back and forth with this stuff, that wastes everyone's time.

Forgot to add this, and to be clear: if a person has not closed on their home yet, they aren't members of the HOA. A smart board will refuse to talk to buyers, especially in a one-on-one conversation - because if the prospective buyer backs out of the sale because of something a board member allegedly said, then the builder can go after the board for interference in his business.

Rookie mistakes all around.

He may not. The builder doesn't work for the HOA, and he's not a member of the HOA unless he lives in the community (which still would not give the HOA the right to tell him what to do *in his role as a builder*).

The issue is that the buyer should not be talking to the board at all because he's not a member of the HOA yet, and smart board members won't talk to prospective buyers.

This whole business sounds odd. Board members don't choose architectural standards, the developer does. Board members also don't tell the developers and builders what to do, or disapprove of items that a prospective buyer chooses. Plans are approved or disapproved by the appropriate persons employed by the builder. The HOA and its board should have nothing to do with it at this point.

I'm very sure that the OP is not working with my employer - we never have this level of confusion. :-)

Point out that you are not asking for anything that hasn't already been approved for others (provide the addresses of the other homes). If they don't change their opinion, request a meeting with the board.

This is true. The builder I work for does it differently: buyers purchase both the home and the lot from the builder, and they don't become members of the HOA until they close on the home.

At least some of the items that the OP mentioned, such as driveway or parking pad sizes, may not be limited by architectural guidelines but instead due to setbacks, easements, etc. In other words, they're lot limitations because of building codes and not up to the board's discretion. That's the sort of thing a builder should be talking to a buyer about, though. I'm occasionally surprised when a seemingly large lot actually has a small buildable area, and may be further limited by the specific plan the buyer wants.

John,

Like others herein, I'm assuming there are architectural standards? Are there CCRs that give the Board prez the right to review and approve architectural items and plans?

If there are other houses with same-same look as what you are building, and the same CCRs, Architectural Guidelines were in place, then it should simply be a matter of rolling up your plans and sticking them up his ... oh wait ... sorry.

Start the audit trail, seek assistance from an attorney early on - don't be bullied.

I can't speak to Ohio, but in FL the annual corporation renewal is supposed to include officers and a registered agent, but not necessarily directors.

Geno,

I don't think the course is a requirement for directors. See below.

720.3033 Officers and directors.—
(1)(a) Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
(b) The written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. A director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement. The board may temporarily fill the vacancy during the period of suspension.
(c) The association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action.

In the case of my neighborhood, just owning the property makes you a member. The developer/declarant has turned everything over to the HOA.

John

The first thing you have to do is find out who is on the BOD. Request the info form the alleged President and from the developer.

2. Ask to present your plans to the entire BOD. Even when a ARC says no, to something, and owner can appeal their decision to the BOD.

3. If #2 fails, threaten/proceed with legal action but not until the BOD says no.

4. Sell and buy elsewhere.

Good for you. I expect with the President accepting, the BOD will go along.

Our attorney advised us to have the BOD also be the ARC as things would run easier.

I am a retired CEO, CFO, COO, and Janitor as I owned the business........LOL

Our HOA president/ARB committee chair is still at it - we thought we had things resolved but now he claims "the other trustees" have problems with to much brick on the side of my house and the future neighbors that build on that wooded lot will not like all that brick.

This happens to be the side of a garage wall, and has 6 transoms high on the wall, with 2 bands of limestone running below them. He suggests I would like a window there. He also wants to see landscaping plans, even though that is a separate requirement for after the house is underway.

We got into some heated email exchanges last night after he told me that he graciously gave us a waiver for our 1000sf garage and 1000sf shop (all part of the house) because they were combined bigger then the 2700 SF house we are building (apparently math is not his forte).

But the other trustees are now CC'd so i know there names, and we have demanded a meeting.

He also set us off asking for detailed colors of everything - even though the CCRs don't even mention "earth tones" as some do. I think our colored rendering with a red door has really got him hopping.

It really amazes me, that one tin dictator can cause this kind of aggravation.

We are trying to follow the process. The HOA president (trustee) has taken over. The board of trustees is the ARB here. The design meets all the physical requirements, but we do need a variance for roof pitch and setback but we match a dozen other homes in roof pitch, and most all homes have bypassed the setback requirement - we are matching the next door neighbor, so not an issue.

We heard back this AM that our application was denied because it was incomplete, even though yesterday he accepted an updated application with our TBD colors changed to Gray/Black in many places as we are not sure shades yet. I think he is hung up on the front door. The application has no field for color, and he insists we tell him the color of the front door now.

I have a call into our lawyer now - one of the other Trustees lives in an all brick house of a single color, so I am not sure why the HOA president thinks he has a case, but he is the only communicating with us.

Ditto what GeorgeS21 posted. This President has zero legal authority to act alone here.

You should start sending your more important communications registered mail, return receipt requested. Save every email on your server. Printouts of emails are generally not acceptable in courts of law.

Most communication has been via email, so a nice paper trail does exist. I do have the architectural standards and they are very light - brick, stone, siding or combination of; roof pitch, no vinyl, etc. But they do have a clause about the ARB ensuring homes are harmonious or some vague BS. And yes, most of our replies have cited the standards and how we meet them.

There is some confusion in the documents - there is an additional document not reference in the CCRs called the "builders checklist" and that is what the ARB is using as the basis for asking about colors. It is required as part of the architectural review and has fields for color and materials. I get the fact that they would want to know if a Pink house is going in (looks great in Miami, but maybe not OH) - but they want all this upfront. We usually pick paint trim color after the brick is on the house...

But maybe some good news for a Friday: a flurry of phone calls during the day - my builder called the developer (who no longer has any control), the developer called the Architect (not our designer) who is an ARB representative, and I spoke with the developer.

The developer said he always took the word of the ARB rep Architect - if that architect approved the developer said OK, even if he didn't like the style. We then called the ARB Architect who had been watching emails from the sidelines due to personal issues, and he indicated the house is fine, colors are fine, and he is approving.

So now at the end of the day, the HOA president wants a few things clarified on the form, and we may be done (he has to have the last word) - but as these things are minor and move us ahead we will refrain pushing back. I would like to end this without a legal fight, but I am prepared to go there now that the developer, architect and builder all support us.

John,

Please remember all this - and, work in your community to fix this so that it does not occur to others in the future.