HOA and Amendments to Rules
My question involves real estate located in the State of: Ohio
Our Home Owners association was recently turned over to the actual home owners from the developer who quit developing in this area.
Our HOA directors have been reviewing the declarations and such attached to our deeds. The developer, in an apparent attempt to keep people from making any changes that they might not like did not define any amendment process at all. So there is nothing specified in our documentation about any voting percentages or procedures to make changes... it also does not forbid changes.
So far, the HOA directors have gotten the opinion that if there is nothing specified, then the only possible way to create an amendment process is a 100% positive vote from all home owners... and with foreclosures and such, that's an impossibility.
So we're wondering what legal process might be available to get amendments added without 100% vote, or what steps we might be able to take.
Thanks for your help.
Re: HOA and Amendments to Rules
Actually, if the terms of the HOA are so ambiguous the entire Charter could be voided because common law finds that the author of the contract is responsible to make a contract clear and understandable. But if the developer is bailing out, IMO, the HOA Board can vote to rewrite the entire charter for the good of the membership or do away with the HOA all together. Ask the HOA lawyer.