Q: If my HOA is "cancelled" by the Secretary of State, can it be resurrected by the majority without my consent?
My Ohio home was built in 2005 in an HOA. The HOA was cancelled by the Secretary of State for non-compliance in 2007. At that time we were "informally incorporated" into a neighboring HOA. This HOA announced in 2023 that we were no longer in their HOA, but they will attempt to gain support to "merge" the two communities into one HOA. It sounds to me like the original merger was not legal, and they are now trying to make it legal. They imply there will be a "vote" of homeowners in my neighborhood, but I don't think they could force me to join an HOA if I'm not already in one. What do you think?
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A: Hire an OH attorney to search your title. The recorded restrictions will control whether you have to be subject to a new HOA or not.
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