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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7066
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Does the board and President have the right to remove autos

Customer Question

Does the board and President have the right to remove autos from the lot without proof.
They did not send me a letter nor informed me they were going to have my truck removed from the lot. My truck is in great condition and I use it about four times a month.There is no outside damage and it runs great so what is the problem. Our by-laws state all motor vehicles need to be moved in a one month time period. Which I do four time a month on my car and truck.The president in charge and the people she put on the board are making this place feel like a dictatorship. now there trying to remove the disable signs in the front of the buildings.
William H. Washum
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
I understand your frustration. Associations were great in theory but have turned into dictatorships in fact.
We need to look at your governing documents to see if the there is the right to tow.
Can you tell me if there are any prohibitions in your governing documents against trucks?
If you can attach the governing documents I would be happy to take a look at them for you.
What are the rules and regulations for parking in the lot?
Customer: replied 2 years ago.
I was not informed
Customer: replied 2 years ago.
No there is no provision in the by-laws........................she is doing this out of spite because I made her fix the bridge................
Expert:  Attyadvisor replied 2 years ago.
I think you are telling me that there is language in the bylaws that provides for towing upon the owner receiving proper notice.
Is that correct?
Otherwise if there is nothing in the bylaws permitting the towing of vehicles under any circumstances you have a law suit against the board,
Customer: replied 2 years ago.
She put a tag on the windshield driver's side it had nothing on it.
Expert:  Attyadvisor replied 2 years ago.
Let me make sure that I am clear.
1. Your governing documents set no rules and regulations that permit towing of any vehicle from the lot. Is that correct?
2. You believe that even though there is nothing in the rules that permits the board to tow a vehicle you should have received notice and you only received a blank tag?
I have never known of an association that did not set out specific rules with regard to parking and towing of vehicles. You are telling me that your bylaws are silent and that this action was taken in retaliation against you for requiring that a bridge be repaired?
If this is the case you should move for the removal of the president. You also have a lawsuit for any charges that you incurred as a result of the tow.
Do your governing documents set out a removal process for the president or other board members?
How much were the towing costs?
Customer: replied 2 years ago.
The only reason they can tow is if the vehicles have not been moved in one month, or wracked, non-operational, or anything other then a motor vehicles ( car or truck). No commercial vehicles are to be parked in the lot but she let them. One of the board member's boy friend parks his work truck without question.
Customer: replied 2 years ago.
Is there anyway I can call in the State of Ohio. This president make up new laws and changes the old laws. Our by-law are no longer being used. She does what she feels like doing and her packed board lets her. She is trying to make use leave one way or anther.
Expert:  Attyadvisor replied 2 years ago.
Thank you for the clarification.
"Is there anyway I can call in the State of Ohio. This president make up new laws and changes the old laws. Our by-law are no longer being used. She does what she feels like doing and her packed board lets her. She is trying to make use leave one way or anther."
Unfortunately there is no state agency in place that regulates association. That being said you can and should file a consumer protection complaint with the Ohio Attorney General as that office is tasked with consumer protection for the citizens of the State. This is the link http://www.ohioattorneygeneral.gov/consumercomplaint
It sounds as though you were not in violation when your vehicle was towed.
Most governing documents set out a dispute resolution process which provides for a hearing.
The board is bound by the same bylaws, rules and regulations as the owners. If you were not in violation of the governing documents the president had no legal authority to tow your vehicle and would be liable to you for the costs incurred.
Ohio Homeowners Associations are governed by the Ohio Planned Community Act.
ORC 5312.01, et seq.
When a board member, such as the president, is taking actions that are in violation of the governing documents the bylaws should set out a process to have that board member removed.
The President is not only violating her duties she has also breached her fiduciary duty to the owners.
The Statute governing homeowner associations requires the bylaws to set out a process to remove a board member from office
Ohio Revised Statutes Chapter 5312: OHIO PLANNED COMMUNITY LAW
5312.02 (B) Any declaration for a planned community shall be accompanied by bylaws that provide for the operation of the planned community. The declaration and bylaws shall provide for all of the following:
5) The method of removal of directors from office;
http://codes.ohio.gov/orc/5312
You also have the ability to file suit against the president for breach of her fiduciary duty to you as an owner http://www.nolo.com/legal-encyclopedia/fiduciary-duties-hoa-board-members.html
http://www.nolo.com/legal-encyclopedia/how-remove-hoa-board-member.html
I am sorry that you are going through this. I am not a fan associations as they are abusive and self serving.
If you can tell the county where you are located I can provide a link for attorneys in your area that provide free consultations?