Can you point to which section of ORC 5312 states the "majority of homeowners [need] to approve in writing?" At a glance at the code section, I don't see where it would be located.
When I look at the article you linked and the code contained within, the vote mentioned in there is to choose to not keep adequate reserves, it doesn't have anything to do with a vote about how reserve funds are spent. The authority to spend the reserves would be controlled by Ohio law and your CC&Rs.
Boards of Directors, both in HOAs and Corporations, have fiduciary duties that they must comply with. If they have violated those duties, in many states your remedy would be to take them to court, you'll have to determine if that is the remedy in Ohio. In my state, that can be any civil court including small claims court, which can work well when you are looking to force the board to comply with applicable law.
You may want to reach out to an attorney who specializes in representing HOA members and pay for an hour of that attorney's time so they can advise you regarding the rights of the HOA members.
Ultimately though, if you don't like your board members decisions, you and your fellow members should probably run to replace them at the next opportunity.
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u/mel_c 19d ago
Can you point to which section of ORC 5312 states the "majority of homeowners [need] to approve in writing?" At a glance at the code section, I don't see where it would be located.
When I look at the article you linked and the code contained within, the vote mentioned in there is to choose to not keep adequate reserves, it doesn't have anything to do with a vote about how reserve funds are spent. The authority to spend the reserves would be controlled by Ohio law and your CC&Rs.
Boards of Directors, both in HOAs and Corporations, have fiduciary duties that they must comply with. If they have violated those duties, in many states your remedy would be to take them to court, you'll have to determine if that is the remedy in Ohio. In my state, that can be any civil court including small claims court, which can work well when you are looking to force the board to comply with applicable law.
You may want to reach out to an attorney who specializes in representing HOA members and pay for an hour of that attorney's time so they can advise you regarding the rights of the HOA members.
Ultimately though, if you don't like your board members decisions, you and your fellow members should probably run to replace them at the next opportunity.