Homeowners Establishing New HOA

Question:

I purchased a home built for me in 1995 with Covenants. Original number of homes was around 200. Major expansions grew the organization to more than 500 homes today.

In 2024, the HOA hired a management company to ENFORCE Covenants which were not enforced for 3 decades. Many are unworkable, impossible, and vague. The Company now requires resolution in 10 days or issues EXCESSIVE fines.

Can you recommend an organization to work with about 200 disgruntled homeowners to form a NEW HOA and hire a NEW Management Company? There are about 500 people in our HOA. We have not yet tried to recruit more.

We want to have concrete proposal or actions prior to recruiting more supporters. A prompt reply would be appreciated.

– David

 

Answer:

Hi David,

According to the Ohio Planned Community Law Section 5312.02, you may establish a planned community by filing and recording a declaration and bylaws in the office of the recorder of the county or counties wherein the planned community is located.

However, since you are part of an existing community, the community members may need to dissolve the current HOA before establishing a new one. The governing documents may outline the process for dissolution. It may also be important to consider whether the common elements may be divided for the new association being formed. Kindly also consult a lawyer for further guidance.

Here is a resource you may find helpful: https://www.cedarmanagementgroup.com/how-to-start-an-hoa/

You may also find a new HOA management company or a lawyer through our online directory: https://www.hoamanagement.com/

 

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

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