Youngstown, OH asked in Real Estate Law for Ohio

Q: If it is decided by our HOA members our unincorporate association needs to be an incorporated association, does it take

all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our common area maintenance. Many years ago there were issues with landscape companies we hired to maintain the common area so the owner of the property started his own landscape business and the Association hired him to care for the property. It has worked our perfectly for most of the homeowners but two homeowners recently told the trustees they are not paying him to care for his own property though they have been paying for this for the last 10 years?! By doing this we reduced our dues 10 years ago and have done a good job maintaining the cost without any increases to the members. What is the next step to getting the money owed to the association?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local real estate attorney to advise the association and begin that process.

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