While HOAs offer a structured and well-maintained environment, they can be restrictive and costly. On the other hand, POAs provide more flexibility and community involvement but may have fewer amenities and a less uniform appearance.
In Ohio, the procedure for dissolving an HOA may be outlined in the association's governing documents. If it is not, the board will need to obtain a majority vote from the members. A certificate must be submitted to the Ohio Secretary of State whenever a resolution of dissolution is enacted.
Section 5311.20 | Unit owners association may sue or be sued. In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the unit owners association by statute or otherwise, the unit owners association may sue or be sued as a separate legal entity.
Ohio HOA's are required to organize as nonprofit corporations. O.R.C. §5312.03(B). Thus, with regard to its organizational structure and general management, an association is subject to the authority of the Ohio Secretary of State.
Technically, an HOA can't evict a homeowner.
Homeowners can typically access their association's rules and regulations through a request to the HOA board. All governing documents, including bylaws and covenants, should be made available to members. Documentation might also be obtained via the Ohio Secretary of State.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
To battle a strong HOA organization it takes an experienced real estate lawyer and if you have been a victim of HOA oppression seek an experienced lawyer immediately.
Generally, it is the laws that were in effect at the time the HOA documents were recorded. Your HOA documents are contracts between the HOA and its members so new laws cannot, generally, be applied retroactively to override them.