Amicably Resolving HOA Disputes
In most cases, good communication and the democratic process are sufficient to resolve problems with a community association. Attendance at member meetings, voting, and simply speaking with board-members often goes a long way toward resolving disputes that might otherwise seem implacable.
Ohio law requires HOA’s to hold owner meetings at least once per year, and special meetings can be called by the president, the board, or a majority of owners. Members can voice concerns over how the board is enforcing association rules or performing obligations, and the board and homeowners can work cooperatively toward solutions. Overzealous board-members or officers can be removed democratically. When necessary, members can amend the declaration by 75% vote. O.R.C. §5312.05
Concerned members can also exercise their record-inspection rights. An HOA board must keep records and receipts of all expenditures, and members can examine all association records other than a few privileged items. O.R.C. §5312.07. If problems are identified, the member should raise the issues at a member meeting or directly with the board.
When cooperative resolutions aren’t possible, both members and associations are authorized to seek redress in the civil court system. The Court of Common Pleas of the county in which the development is located has jurisdiction over HOA disputes, or, if the amount in controversy is less than $6,000, the case can be filed in small claims court.