HOA Management Procedures for filing Small Claims lawsuits

[troydog32]

As I understand it, these are facts:

Rockford was the builder who created the HOA.
The HOA was administered by and under the control of Rockford. (legally "declarant control")
Rockford failed to maintain HOA records with your new address, as required by law.
(Or equivalently, the HOA had your address, but failed to maintain its records.)
The HOA sent notices to the wrong address.

Based on this, the HOA screwed up, so you should not have to pay any extra late charges or legal fees.

Ok, what would you suggest? File a claim against Rockford or Omni?
With Rockford when dealing with the windows we never specifically said please update our HOA record of address. But they had it either way. Thanks!

 

[festival]

Ok, what would you suggest? File a claim against Rockford or Omni?
With Rockford when dealing with the windows we never specifically said please update our HOA record of address. But they had it either way. Thanks!

Well, keeping in mind that I am a condo manager, and not from Ohio and not lawyer, this is what I would do. Comments welcome from everyone else.

Start with simple free stuff. You can call Rockford if you think they will be honorable about making a mistake. Otherwise, I would address everything to the HOA through the Board of Directors, since the HOA is the responsible entity and subject to rules and laws. The management company is not as responsible and may get in your way. You can request a meeting with the board to express your case, or do it in writing.

Assuming that you live in a "Planned Community", you can go here: Lawriter - ORC - Chapter 5312: OHIO PLANNED COMMUNITY LAW. I think this law applies to you. Within this page, search for "hearing", "address", "written notice", and "declarant". There are provisions about being entitled to a hearing with the board, maintaining a record of your name and address, and other help for your situation.

See if your HOA declaration contains the construction warranty for the windows (I have seen this in other declarations), which will further establish your contact with the HOA at your correct address in 2010.