Ohio ORC 5312

Started by EdwardW4 • 9 replies • 942 views

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EdwardW4 (Ohio)
Posts: 3

Posted:

Ohio ORC5312 is the current Law governing HOA Communities.
The Law is very vague as to Maintaining common property regarding shore line erosion and repairs.
Our Documents do not address it either.
Our community has a 18 acre lake with homes and condos built on the lake shore.
In some areas there is shore line erosion that needs to be addressed. For years Boards have been
"Kicking the can down the road".

One group says it is the Home Owners responsibility to maintain the shore line while another says
the shore line is part of the Lake and hence the HOA responsibility.

How do we resolve this issue?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Like most HOA decision it kind of goes like this... The decision is if you want ALL the owners to pay or individual. If you want the HOA to pay, that means that ALL members/owners have to contribute. Which should be presented as a vote and possible rule change to reflect that. It would be the same if you all want individuals to be responsible. It should be voted on and changed in the rules.

Now keep in mind if you all decide it's an individual responsibility, then the HOA has to have a method of enforcement. Which may mean having a fine schedule. It could mean the HOA still fixes it but sends the owner the bill. The HOA then could lien if that bill is not paid. There could be other enforcement ideas...

If the HOA decides to pay for it, then there wouldn't be the issues of enforcement. It would be done as the HOA decides. The HOA would have control. The owner would have to allow the HOA to do the job.

So your decision really is just who you all want to fund the project. The HOA or individual...

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

ED

Does the HOA own the lake as in it is common ground? If yes, then I say lake erosion is the HOA's responsibility.

EdwardW4 (Ohio)
Posts: 3

Posted:

Yes The HOS owns the lake as common ground

TimB4 (Tennessee)
Posts: 21,059

Posted:

The lake is then probably classified as a storm water retention facility.
Your County storm water management group/agency can tell you if the responsibility is the County or the Assocaitions to maintain.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By EdwardW4 on 03/31/2018 4:01 AM

In some areas there is shore line erosion that needs to be addressed. For years Boards have been
"Kicking the can down the road".

This tells me that the Association has likely not done a proper reserve study or, if they have, the Reserves are not fully funded and no board wanted to bring up the potential for a special assessment.

I would expect that a special assessment would be needed now along with an increase in annual assessments to properly maintain the storm water management facilities of the Association in the future.

Again, contact the County storm water management group/agency (might even be under EPA for the State) and request a site visit. They can tell you what has to be done.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

In SC the responsibility for storm water retention ponds is assigned to the association. We are facing a $12,500 repair bill do to a riser (over flow tower) leaking. The cost will be equally shared by all 112 owners even though only about 15 of our homes border the "pond".

GenoS (Florida)
Posts: 4,276

Posted:

Check your plat if there is one. There might be writing on it that answers the question. My subdivision's plat (I know this is FL and not OH) says the responsibility for the stormwater & drainage facilities "shall be the perpetual maintenance obligation of the HOA". So it also may depend on whether or not your lake is considered part of the drainage system.

DeanJ
Posts: 1,786

Posted:

1. The HOA is responsible for common area.
2. The property boundaries will show what is common area and what is private property.
3. If the HOA has allowed the erosion on the common area to progress into the individual owner”s lots, they are damaged by the HOA and can bring suit to recover their damages.
4. If the lot owners original property lines included the shore to the edge of the lake, the erosion is their responsibility.

TimB4 (Tennessee)
Posts: 21,059

Posted:

7 year old thread.

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