Threat of HOA Lien

There is most definitely a surefire way to get the lien released if one is filed: You can pay the total lien payoff amount.

Unfortunately for the homeowners, your CC&Rs most likely do NOT stipulate that your assessments are due ONLY IF the developer provides a full and proper accounting.

Most likely the ONLY condition on whether you HAVE to pay the assessments is that you OWN the property (in other words, your name is on the deed).

If you foolishly continue to refuse to pay "until" whatever your well-intended ultimatum is, all you will have succeeded in doing in the end is emptying your bank account more than your assessments actually are: assessments + any late fees/penalties + any attorney collection/lien filing fees + any lien release fees.

I sympathize with you, for sure.

I'm not at all aware of Ohio statutes and laws, but there are a handful of posters on here who might know what your options are to obtain the financials.

I do know that under no condition would you be smart to protest by not paying.

Also, how old is your development? At what point does the developer turn over control?

How many members in your HOA and what are your annual assessments (or monthly if they are billed that way)?

http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_220_I

I don't think you being in good standing would hamper your ability to sue. But you might find that the process of placing a lien and even foreclosing runs much faster then the process of forcing the books to open up.

I would highly recommend paying the dues and pursue the open the books as a another matter. If possible be in court and ask the judge, "What if he still refuses?" The judge will make it painfully clear that non-compliance is not a valid option.

Tony that is a proposed bill it has not been enacted at this time as far as I know. There are no HOA regulations in Ohio at this time except for condominiums.

Because it shares a border with Kentucky??

We don't have any decent HOA legislation, either.

Wait. We don't have ANY HOA legislation. . .there's some proposed Condo action, but no HOA.

I gotta' say that I agree with the thrust of the comments here.

Withholding association fees is not the way to protest. It puts the protesters in the wrong as well as the association or developer as well.

At the very least, fees should be placed in a trust, but even that is not the best of ideas.

Couple of thoughts.

First, the vast majority of developers do not want unhappy homeowners. It hurts sales and profits. There is no mention of what other actions have been taken to achieve your objective.

I would suggest (1) working very hard to set up a meeting with the CEO of the developer to discuss the issues, and (2) contacting the media to see if you can get some consumer affairs reporter on your side.

Alternately, you could have signs made and put in your front yard (even if prohibited) stating your case without libeling the developer. Amazing what results you could get.

The liens may be just a threat, but do not count on that. With easy access to attorneys, the developer can very easily file a lien.

Now with all that said, while developers are in control of the association they have dictatorial rights. They may not even have to segregate association funds.

Sadly, this may be a cause not worth fighting for. You need to ask yourself what is the value of the information. Even if you do receive an accounting, there may be very little you can do with the information.

Disagree with you entirely, Kirk, (without being disagreeable). The sign routine has worked in two separate situations just in this past year in Hoosierland. Developer changed his ways.

For me, the issue is "to what end?" Even if the books are opened, what then? The developer is still completely in control. And, without a doubt, the books will show that the developer has paid a lot more money into the association than the residents.

You gotta ask, "Is this worth fighting about?"

And on top of that, the developer may decide to charge all his legal expenses to the association itself.

It is far better to resolve disputes through negotiation. And in all negotiations, the strategy is to negotiate from strength.

Call the media and stage a picket protest in front of the sales office.

I'm sure the dues amount was disclosed when you purchased the property. Is there anything different about the HOA property from then till now that leads you to believe that funds are being misappropriated and makes the review of the books important emough to not pay for services rendered? I mean it seems kind of a trivial to hold back dues on that reason alone.