As association has a duty to treat owners equally and enforce rules evenly. Owners who believe they are being treated unfairly should become familiar with the declaration and bylaws to determine their rights vis-a-vis the association and board. In some situations, it would be appropriate for an owner who is being singled out for maltreatment to pursue a civil action against the board for money damages or injunctive relief.
Read MoreUltimately, the final decision maker in any dispute between an HOA and an owner is a court of competent jurisdiction. While an association can record a lien and suspend voting rights and common elements privileges for non-payment of assessments, a board does not otherwise have the authority to take “self-help” measures to enforce compliance and must enforce association rules through proper legal channels. If an owner believes the board is exceeding its powers or not meeting its obligations, the owner can institute a civil suit to resolve the dispute.
Read MoreOwners can voice their concerns at member meetings, which must be held at least once per year and can also be called by 50% of the members. O.R.C. §5312.04(C). Owners can attempt to amend the association’s declaration or bylaws through 75%-member vote. O.R.C. §5312.05. Any owner can seek election to the board and, if elected, propose changes to rules. O.R.C. §5312.03. In the event the board, association, or another owner is not in compliance with the declaration, bylaws, or rules adopted by the board, an owner can institute a civil action for enforcement. O.R.C. §5312.13.
Read MoreIn 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.
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