I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
There is nothing in the HOA statute that allows an association to turn off a homeowner's water because they owe the association money. If the water bills aren't paid by the HOA, the company that provides water shouldn't turn it off at their request. But even if they do, their recourse is to sue you for the unpaid fines. Unpaid fines constitute a lien on your unit, and they're allowed to bring an action to foreclose. They're also allowed to charge you with their attorney's fees if they win, so there's no reason for them not to sue you if they believe they're in the right. Ohio Rev. Code, Section 5312.13. That's the recourse available to them.
You have the ability to file a Petition for Declaratory Judgment, asking a judge to find that the fines are invalid, because the bylaws do not require homes to have gutters. There are two other options: pay the fines, write "Under protest" on the check and sue for reimbursement. Or you can wait and see what they do, then defend yourself if they try to foreclose your property. But it's not legal for them to shut off your water.
If you are a minority and the other homeowner is not, you may also be able to include a claim for violation of the Fair Housing Act. It's illegal for the board to target you for fines and fees because of your race, ethnicity, sexual orientation, family status, or gender. In that case, it might be worth having a local attorney send them a letter, because if you win a case against the HOA for discrimination, they'll have to pay your legal fees.
Also note that before they started charging you these fines, they were required by Ohio Rev. Code, Section 5312.11 to give you notice of the alleged violation and an opportunity to request a hearing. If they didn't do that, you have another defense to paying - and you could send them a copy of the statute via certified mail along with a letter explaining that all of the fines are void.
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