Cleveland, OH asked in Real Estate Law for Ohio

Q: Who is responsible for organizing HOA board and meetings when it hasn't been done in years?

There was a board, but when the president moved out, prior to us moving in, no one seems to be organizing anything. We have a property manager who collects dues and takes care of general maintenance, but that's it. There are things that still need to be addressed like, repairing leaks in the roof and cleaning the gutters, that he property manager is not taking responsibility for. He is also not providing contact information of the other residents in my efforts to organize a meeting.

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1 Lawyer Answer

A: It is up to all the owners to operate and manage their own HOA. Ohio law provides the framework at this link: http://codes.ohio.gov/orc/5312 The declaration for a particular HOA provides additional specific rules for that HOA. If the board has ceased to function, then review the HOA declaration and the by-laws as recorded in the county recorder's office. Those will provide a process for the owners to call a meeting of owners to elect new board members. You and other concerned owners might have to go door to door to the other owners. When the new board members have been elected, then they will have the responsibility to determine what needs to be done, supervise the property manager, set the level of assessments to collect money to pay for upkeep and to fund reserves, etc. If you need assistance, use the Find a Lawyer tab to retain a local real estate attorney to review the HOA declaration and advise you.

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