HOA Board Noncompliance With Bylaws and CC&Rs in Ohio

Question:

My Condominium Association (Board and Management) is in breach of our Declaration and Bylaws. When confronted, the comment was that this is the way WE do it. Elections are not in compliance. Proxies are being excepted without signatures allowing them to put into office whomever they want. Proxies are to be sent to the secretary, which they are not. Terms are set in the Declarations, but they are being altered in the Rules. When this was brought to the Board’s attention, I was called a troublemaker.
There are 6 or 7 people that think that this is their personal community. I sent a letter stating my concerns and referencing the Articles and Sections of each breach. We are a small community of 40 units and I don’t have funds to fight them. Tell me, please, what can I do?

– Linda

 

Answer:

Hi Linda,

You may remove HOA board members who are not complying with the governing documents of your association. Your bylaws should contain the requirements and procedures for removing board members. Other than that, it may be necessary to take legal action. Consult a lawyer for further guidance.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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