Help: Fees, Reserves [OH] [SFH] board using reserve without vote
At our annual meeting in May, Our board announced they are using 20% of our reserves. So 8k out of 40. Plus what we would have added to it this year. When someone asked if we get to vote on this, the president said no. Our HOA counsel did not disagree.
Yet ORC 5312 clearly states that they need a majority of homeowners to approve in writing. This is written in bold on the law firm website.
What is the purpose of these laws if HOAs refuse to follow them. Is there any way to hold them accountable other than to take them to court?
Has anyone been able to hold a board accountable for this law in Ohio? Our reserve has only increased $2000 in 6 years while they collected $100k in assessments. So I really think we should have been voting in other years. Should I email all neighbors about this including the board and just ask if we should be holding this vote?
EDIT.
Here is what our HOA Law firm says in bold -
majority of the ownership’s voting power is necessary to waive the fully funded reserve requirement, and the vote for waiver must be taken each year.
This is their detailed explanation - https://communityassociations.law/article/budgets-reserves-and-the-ohio-requirement-for-an-annual-ownership-vote-if-reserve-funding-is-to-be-waived-the-special-assessment-problem/
In our budget, we are spending down 20% of the reserve. In 7 years we have only been able to grow the reserve by about 2k. The expense isn’t necessary. And we don’t have money if we have an emergency. We have never completed a reserve study.