What is a homeowner's association?

 This type of association includes lot owners who join together for the betterment of their subdivision or neighborhood.  Tyler's Reserve homeowners association means that owners automatically belong to the association by virtue of their property deed and MUST pay dues. TRHOA have the authority to enforce rules and regulations and may be able to place liens against an owner property if the owner is not paying dues. A homeowners association is typically a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: covenants, conditions and restrictions (CC&R), bylaws, and articles of incorporation.

 What are the Bylaws?

 Bylaws are the guidelines for the operation of the homeowners association. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business.

 What are the CC&R'S?

 The Covenants, Conditions and Restrictions (CC&R's) are the governing legal documents that set up the guidelines for the operation of the planned community/homeowners association as a non-profit corporation. The CC&R's are recorded by the Butler County Clerk of Courts Office and are included in the title to your property. Failure to abide by the CC&R's may result in a fine to a  homeowner by the Association.

 What are Articles of Incorporation?

 Each Ohio corporation or homeowners association must file Articles of Incorporation with the Secretary of State in order to form the corporate entity legally recognized by the state. A corporation (i.e. homeowners association) is not legally constituted until Articles of Incorporation are properly filed, thus will not be recognized in a court of law. Articles of incorporation include the general terms necessary to form the corporation under Ohio law. They include basic items such as the name, nature of organization, term of existence, membership, management of affairs and other items that are mandatory under Ohio statutes. Articles of incorporation may include certain other optional provisions such as indemnification, special classes of shares and other items.

 What is the Board of Directors?

 The Homeowner's Association is a corporation and therefore a governing body is required to oversee its business. The Board of Directors is elected by the homeowners, or as otherwise specified in the bylaws. The limitation and restrictions of the powers of the Board of Directors is outlined in the Association governing documents.

 My house is in the name of both my spouse and me. Are we both members?

 Yes. However, all assessments and costs of being in the association, and all voting rights, are determined by lot, not by member, so a lot that is owned by 5 members, for example, will not pay any more, or have more votes in the association, than a lot owned by 1 member.

 Do I have a vote in how and what the Association does?

 Yes. Once the association is turned over by the developer, you and your neighbors control the association, and each lot has one vote in all matters submitted to the association for a vote.

 How are the annual mandatory homeowners association dues determined, and where does the money go?

 Dues are determined based on estimates of the total costs of taking care of all association responsibilities will be, and then dividing that number by the number of lots in the subdivision. Dues include the estimated costs of maintaining the common spaces (lawn, landscaping, and pond maintenance, utilities if applicable, taxes, insurance, and management fees if applicable, etc.), and maintaining a reserve account for those needs that occur infrequently (e.g.,  Dredging the retention pond). Unanticipated emergencies are usually paid for by imposing a special assessment.

 What happens to people who don稚 pay their dues?

 The homeowners association has the right to file a lien against the home of a person who does not pay his/her dues. That lien can be foreclosed, and, just like deed restriction violations, all of the costs have to be paid by the person who didn稚 pay the dues in the first place.

 What is a "management company," and what do they do?

 A management company is contracted by the Board of Directors to provide such services as: collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports, as well as a general clearing house for problem solving, communications with homeowners and the Board of Directors and to serve in an advisory capacity. The management company reports directly to the Board and all decisions are made by a majority vote of the Board of Directors.

 Do we need a property manager?

 The question is, can you do this internally, or should you hire a company that specializes in homeowner association and subdivision management. There are some criteria to consider in making this decision. There are also some differences of opinion on the interests of property management companies that are making a profit from your business, and their various other relationships with, for example, lawn maintenance companies or foreclosure specialists. The major benefits of homeowner management are that he/she, as a resident, has the best interests of the subdivision at heart, and knows the community and its aspirations. 

if you have further question regarding the Tyler's Reserve Homeowners Association please contact us at 513-668-1068 or [email protected].