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Any public agency to help regulate condo association reserve funding?

  
  
  
  
  

reserve fundingI have written a letter, May 20 2010 to requesting the annual meeting of my condo association to reconvene in order to take a vote as to whether the condo association wanted to continue present levels of reserve funding (Ohio Code 5311.081) For the past three years the Condominium membership has neither had the opportunity to vote on this condo reserve nor has been presented with a reserve study to disclose and ascertain appropriate reserve funding. Discussion is forbidden and any attempt to engage discourse during annual meetings is met with implied threats of arrest and/or removal from the community meeting by hired off-duty policemen.

In addition to sending each board member the May 2010 letter, I have attempted to post my letter on the condominiums community bulletin board on three (3) separate occasions: May 26, May 29, and June 2, 2010. On each occasion, the letter was taken down in just a matter of hours. To date, I have neither received affirmation of receiving my correspondence nor the granting of my request to reconvene the 2010 annual meeting. I have written to the Ohio Attorney General to registered a complaint however, they suggested I contact my own lawyer. Is there a public agency that can help me with this problem......we reserve 60% of our monthly dues and have well over $56,000 dollars in the reserve and our condo is only 7 years old with only 22 units....I feel the dues are too high and we are reserving too much money

Comments

In Minnesota we have all kinds of statutes concerning homeowners associations, but there is no State agency that enforces them including the Attorney General. I was also told to seek out a private attorney which for cost reasons, I never did. Does your state have volunteer mediation organizations? Also, some states have formal mediation procedures for homeowners associations. I have written to my legislators to establish this, but so far, no go. In my association notices can only be placed on bulletin boards by the Board. Instead you could send / give each owner a letter of your concerns and ask those interested to help form a group to meet and discuss on your own. I found this website about reserves: http://www.hoaleader.com/public/320.cfm 
 
Also, I have googled long and hard to find a comprehensive homeowners association budget which includes reserve funding. This is a good one. Click on "Financials". http://www.dillonbayhoa.com/ 
 
When you do not have a management company (I do not,) budget planning is left to amateur volunteer Board members whose intentions might be good but whose expertise in financial matters may be lacking. There is a real learning curve for all involved. 
Posted @ Monday, June 21, 2010 7:06 AM by nellie
It's not uncommon for a state to have no govt agency to adjudicate HOA complaints. Hiring you own attorney is usually the only way to do this and the cost is very high. If you decide to go this route make certain you have absolute proof of wrong doing on the part of the board. 
 
 
 
Regarding reserve funding: the only way to judge if your reserves are adequately funded is by looking at your reserve study. As a member of the assn, frankly I don't know how you can determine that your reserves are over funded. The reserve requirement is based upon the number and type of reserve items the assn has. The size and age of your condo has absolutely nothing to do with the reserve requirements. 
 
Posted @ Wednesday, June 23, 2010 8:40 AM by mary
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