General Questions

An HOA is an organization in a subdivision, planned community, or condominium complex that makes and enforces rules for the properties and residents. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, known as HOA fees.
A Condominium Association operates similarly to an HOA, but it specifically governs condominium complexes. The association manages the common areas, amenities, and enforces community rules, ensuring maintenance and overall appearance.
Starting an HOA or Condominium Association helps maintain property values, ensures community standards, and provides a structured way to manage common areas and amenities. It also fosters a sense of community among residents.

Starting an HOA or Condominium Association in Ohio

To start an HOA or Condominium Association in Ohio, follow these steps:
- Research Ohio laws and regulations regarding HOAs and Condominium Associations.
- Develop a set of governing documents, including bylaws, CC&Rs (Covenants, Conditions, and Restrictions), and Articles of Incorporation.
- File the Articles of Incorporation with the Ohio Secretary of State.
- Hold an initial meeting with homeowners to discuss the benefits and elect the board of directors.
The governing documents for an HOA or Condominium Association include:
- Bylaws: Outline the procedures for governance, elections, meetings, and responsibilities of the board.
- CC&Rs: Specify the rules and restrictions for the community, including architectural guidelines, property use, and maintenance standards.
- Articles of Incorporation: Legal document filed with the state that formally creates the association as a nonprofit entity.
Item descriptionTo file the Articles of Incorporation, you need to:
- Prepare the document with required information such as the association's name, address, purpose, and initial board members.
- Submit the document to the Ohio Secretary of State either online or by mail.
- Pay the filing fee, which varies depending on the type of entity being formed.

The board of directors is elected by the homeowners during an annual meeting. Homeowners nominate candidates, and a vote is conducted to select board members. The elected board manages the day-to-day operations and decision-making for the association.
The board of directors is responsible for:
- Enforcing the community's rules and regulations.
- Managing the association’s finances, including budgeting and collecting dues.
- Maintaining common areas and amenities.
- Handling disputes and violations within the community.
- Communicating with homeowners and holding regular meetings.
HOA fees are determined based on the association's budget, which includes expenses for maintenance, repairs, insurance, and administrative costs. The board of directors reviews the budget annually and sets the fees accordingly to cover all necessary expenses.
Rules and regulations are enforced by the board of directors and any appointed committees. Homeowners who violate the rules may receive warnings, fines, or other penalties as outlined in the governing documents. Persistent violations can lead to legal action.
Amending governing documents typically requires a vote by the homeowners. The board proposes changes, and a meeting is held to discuss and vote on the amendments. A specific percentage of homeowner approval, as specified in the bylaws or CC&Rs, is required to pass the amendments.

It's advisable to consult with a lawyer specializing in HOAs and condominium associations to ensure compliance with state laws and proper drafting of governing documents. Legal counsel can also assist with handling disputes and interpreting complex regulations.
Financial records are managed by the board of directors, often with the assistance of a treasurer or a professional management company. The board maintains transparency by providing regular financial reports to homeowners and conducting annual audits.