Posted by BTI on August 25, 2006 at 24:24:53:
Sarah
Don’t know who keeps track of corps in Ohio, but in my state it is the secretary of state, and they should be able to provide you with all kinds of info.
Plus do the deeds in this development address the HOA in any way? It seems getting control of this corp is step number one, you want control of the land.
BTI
Homeowners Ass. never incorporated - Posted by Sarah Overs
Posted by Sarah Overs on August 22, 2006 at 15:52:35:
This may come off as a stump the forum but maybe smeone can help.
This subdivision was built in the early 1950’s in NE Ohio.
A stream was dammed to create a 17 acre lake. The owner/developer of the subdivision retained ownership of the lake and several other properties ie. public beach,picnic,playground area and other green space;within the community with the property owners having access to these ammenities. The lots were plated around the lake with aprox. 32of the 200 homes situated directly on the lake.
A homeowners association was formed but never incorporated.
Dues had been voluntary and in the beginning most people paid dues.Currently it is the opposite.
Over the years,the family who developed and lived in the community either sold out or died leaving a nephew ,who the remaining relatives do not speak to, as the only holder of the afore mentioned community property.
The nephew operates all miscellaneous property and business ventures under the blanket of Incorporation.
The lake developed a leak about 10 yrs ago. Technically an overflow pipe is allowing the water to drain from the lake. The pipe was patched and has held until last year,when the lake started to drain again. The patch was done by someone who had lived and worked in the subdivision since its inception with authorization from the nephews inc. Currently the nephew and his inc. wants the homeowners association to take over the ownership of the lake. Their position is that is they no longer care to have the responsibility of a development they no longer are interested in and the homeowners have had a free ride for 50+ years.They are offering to “give” the homeowners assoc. the deed to the lake if the assoc. would incorporate. For at least perhaps the past 20 years,possibly longer the homeowners association has maintained the lake,although not to the standards the original homeowners were used to.Ie the lake at the beach area was chlorinated and a lifeguard hired for swimming. When it became impossible due to other environmental reasons to keep the area chlorinated the homeowners assoc. took on the treatment of the lake with copper sulfate,white amur fish and aereators to reduce the algae.
The algae became so bad at one point real estate agents would not show prospective buyers any homes in the sub.Hence the reason why the homeowners assoc. stepped in.The homeowners assoc. also took on repairing and replacing old worn out entry signs,lighting and other maintenance expenses. So free ride does not enter into the minds of the assoc. The assoc. and homeowners are just asking that this pipe be repaired or replaced and the lake restored period. The management wanting the assoc to inc will be a great expense that not everyone will be able to agree upon or fulfill. We are at a loss as the assoc. ass to either 1. force all the homeowners to incorporate and pay all the necessary fees required to pay for the initial and then follow with maintainance expenses and or 2. To get the management inc to restore the lake to its original state and not turn the area back to a stream and weed bed. Any ideas where we stand as the homeowners assoc. besides s.creek without a paddle? Thanks
Re: Homeowners Ass. never incorporated - Posted by S. Overs
Posted by S. Overs on August 24, 2006 at 13:12:15:
Update. It has been learned that the association was incorporated at its inception but there is no record of the bylaws or dues amount being voted on. Is this a viable legal incorporated association? Also is it possible to demand all homeowners remit dues for the maintenance of the lake and other public areas?