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We recently petitioned the HOA to perform an audit. We

Customer Question
Hi. We recently...

Hi. We recently petitioned the HOA to perform an audit. We collected 20 signatures (only 10 are required). We asked for an audit of the last two years in the petition. In what we believe was retaliation, they sent a letters to all homeowners and said that they were conducting a 7 year audit and said, because of our petition, that they had no choice and that, in doing so, we were going to get a $30 increase in our dues per month to cover the 7 year audit. They also included a copy of the petition with our written signatures, likely to pit the other residents against the petitioners. This explanation was longer than it needed to be...sorry...because my main question is, is it legal to release a document with written signatures to all residents, even when requests were not made for the document?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. We just collected the signatures and provided the petition to the board at the budget meeting earlier this month.

Lawyer's Assistant: Where is the property located?

Boardman, Ohio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. That's it.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 6 hours by:
3/26/2018
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,349
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

This explanation was longer than it needed to be...sorry...because my main question is, is it legal to release a document with written signatures to all residents, even when requests were not made for the document?

Response: No, it is not. The attachment of your signed petition to the notice sent to all residents regarding the increase appears to have been done for retaliatory reasons. Thus, if you are harassed by the other residents for being the reason for the increase, then you would need to file lawsuit against the HOA for your damages. What they did was not only illegal but quite unethical.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 3 months ago
Thanks so much for the response. Is there a statute or law I can reference to demonstrate the illegality of the disclosure of signatures?
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

The only relevant Section that I could find in the Ohio Revised Code deals with examination of the books. There is nothing there that states that homeowners have the right to see signatories to a petition. See Ohio Revised Code Chapter 5312 Section 5312.07.

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