Our property has easement for storm water and there’s a giant riprap area at the foot of the hill. How do I deal with weeds, they grow quickly.
I have contacted city and county and so far no one has the stormwater plan.
Our articles of incorporation refer to a stormwater management plan. Our declaration refers to the stormwater management plan 3 times.
The plat map shows the easements are to the city.
The HOA says they don’t have the stormwater management plan. The City says that the County engineer should have it. The County says that the City has it. HOA legal counsel says it doesn’t exist. But it must if the article of incorporation and the declaration mentions it.
Has anyone run into this? If we cannot track them down is it possible to amend our bylaws and declaration without the document? I appreciate any tips.
Has anyone successfully replaced legal counsel for their HOA. I can use tips on starting this process. The majority of members. Far more than half support this.
Our documents are more than 40 years old. The HOA hired a legal firm to amend and restate them. Originally the premise was that they don’t comply with 2010 Ohio laws. However they have proposed an extensive list of changes well beyond what is covered by the state.
One question I have is that one of the board members says he is drafting it. Does that make sense? I thought the law firm would draft it.
The board insisted they could not provide a comparison between the old and new documents. So some of the neighbors did this. They said they couldn’t send it out as it would be too time consuming to review for accuracy. We created a website and posted it. They said that it wasn’t feasible to gather input on every change. I don’t understand why so we created a survey and gathered input. With almost 50% of households completing it, we have a wide variety of views. I think this is good and a sign of an unbiased survey. We tried hard to be sure it was completely neutral.
We generated about 70 questions and requests for clarification from the survey. The board says that a less specific document is better because it allows more flexibility. I am concerned that will open us up to uneven implementation and it won’t hold up legally.
We have tried asking questions but we keep getting absolutely rude and insulting responses from a board member. I don’t think this is ethical but is that something that happens in other HOAs?
Does anyone have any experience going through a major amendment and expansion? What worked well? Is it normal for board members to actually write the language?
Finally our old documents allow proxy voting but it’s not clear. The board sent out a form stating that if you give your proxy to someone you can direct your vote. However if you give your proxy to the board, it’s a discretionary proxy. I think it’s odd to use one form for a directed and a discretionary proxy and I wondering if that is legal.
I know this is long. I appreciate anything anyone can share. I have been reading all the resources on this Reddit and it’s very helpful. But I still have questions I have not found an answer to and we are running out of time (annual meeting scheduled).