Monty’s Answer: Your HOA board is violating Ohio law on multiple fronts. HOA residents surveyed nationally say their boards serve their best interests which makes your board’s refusal to communicate, provide financials, or hold meetings particularly troubling. Ohio Revised Code Section 5311.081 requires condo associations to provide annual financial statements to unit owners and hold annual meetings. The blocking of an elected board member and the fee increase without documentation suggest governance problems that need immediate attention.
Here are your strategic steps:
Step 1: Formal Written Demand. Send a certified letter to the board citing specific Ohio Revised Code violations. Request copies of: current budget, 2024 financial statements, meeting minutes, governing documents, and justification for the fee increase. This creates a paper trail if you need to escalate. Keep copies of everything.
Step 2: Rally Other Owners. You’re likely not alone. Contact neighbors to determine how many owners share your concerns. A group demand carries more weight than an individual complaint and increases the likelihood of board response. Consider collecting signatures on a petition requesting compliance with Ohio condo law.
Step 3: File a Complaint with the Ohio Attorney General. The Ohio Attorney General’s Consumer Protection Section handles some HOA complaints. While they don’t directly regulate HOAs, they can investigate if there’s evidence of deceptive practices or fraud. File online. This costs nothing and creates an official record.
Step 4: Seek Mediation. Some attorneys act as mediators through a service like the American Arbitration Association or a local community mediation center. Mediation typically costs $200-500 (split between parties) versus thousands for litigation. This preserves community relationships better than lawsuits, because the board members are also your neighbors.
Step 5: Legal Action. If other options fail, consult an attorney specializing in HOA law. Ohio law (ORC 5311.27) allows owners to sue for access to records and enjoin improper board actions. However, legal action should be your last resort due to the cost and time involved.
Important considerations:
Your governing documents should specify board composition and election procedures. If the existing board simply eliminated a position to block someone, that’s likely a breach of fiduciary duty.
Document everything. Save all correspondence, fee increase notices, and evidence of communication attempts. Take photos of property issues if maintenance is declining. This documentation strengthens your position regardless of which option you pursue.
Start with Steps 1 and 2 simultaneously. They’re free and often effective. If you get no response within 30 days, escalate to Step 3 or 4. Save Step 5 for clear bad faith or financial mismanagement.
