OHIO SB 187 establishes HOAs as superior to state law

The Ohio Planned Community bill, SB 187, establishes and supports the homeowners assocation second form of American local political government, an authoritarian private government that repudiates the US Constitution and the principles of democratic government.

Sec. 5312.15. In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control.

HOAs are de facto governments unrecognized as de jure governments as a result of such laws as the Ohio Planned Community Law, rather than being established and delegated powers and authority under the municipality laws of state, yet are very much functioning governments like Cuba, which is unrecognized by this country.  Ask anyone living in an HOA if the HOA is not an authoritarian government.

Read the following excerpts expressing  1) the violations of democratic rule by the members, 2) inadequate due process as required under the law of not only a hearing, but adjudication by an independent tribunal, with witnesses and evidence allowed, 3) violations of open meeting laws, and 4) the lack of “public” disclosure of enforcement activities and procedures, all of which your public government would not be allowed to get a way with.
Ohio Planned Community Law (excerpts)  http://www.legislature.state.oh.us/bills.cfm?ID=128_SB_187
Sec. 5312.03.
(C)(1) If provided in the declaration, a declarant may control the owners association for the period of time the declaration specifies. During the time of declarant control, the declarant or the declarant’s designee may appoint and remove the members of the board. The period of declarant control shall terminate not later than the time at which all of the lots have been transferred to owners.

(2) Not later than the termination of any period of declarant control, the owners shall elect a board of directors comprised of the number of members the declaration or bylaws specify.

Sec. 5312.04.
(B) A board may act in all instances on behalf of an association unless otherwise provided in this chapter, the declaration, or bylaws.
C) Except during a period of declarant control, the board shall call a meeting of the owners association at least once each year.
(F) No owner other than a director may attend or participate in any discussion or deliberation of a meeting of the board of directors unless the board expressly authorizes that owner to attend or participate.
(G) . . . . No private right of action additional to those conferred by the applicable state and federal anti-discrimination laws is conferred on any aggrieved individual by the preceding sentence.

Sec. 5312.15.  In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control. This chapter shall control if any governing document is silent with respect to any provision of this chapter.

Sec. 5312.05. (A) Unless otherwise specified in the declaration or bylaws, the owners may amend the declaration and bylaws by the consent of seventy-five per cent of the owners, either in writing or in a meeting called for that purpose. No amendment to the declaration or bylaws is effective until filed in the office of the county recorder.

(B) A vote to terminate the applicability of the declaration and to dissolve the planned community requires the unanimous consent of owners.
Sec. 5312.07.
(B)(4) Information that relates to the enforcement of the declaration, bylaws, or rules of the owners association against other owners; [a denial of HOA records]
Sec. 5312.11.
(D)(1) To request a hearing, the owner shall deliver a written notice to the board not later than the tenth day after receiving the notice this division requires.
Sec. 5312.13. All owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with the bylaws and the rules of the owners association, as lawfully amended.


Published in: on March 28, 2010 at 11:01 am  Leave a Comment  

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