FAQs

The Association is a legal corporation organized and incorporated under Ohio law. The Association has Articles of Incorporation that entitle the association to exercise powers of a corporation. By purchasing a home within our community association, you automatically become a member of the association and will remain so for as long as you own your home. Membership in the association is mandatory and automatic for all owners. The deed to each lot and/or parcel specifically designates that the property owner will comply with the Covenants and Restrictions of the association. Your title company should have provided a copy of these documents at the time your home purchase was closed. As a property owner in a community association, you will be required to pay assessments, abide by the community’s rules and restrictions, and maintain those areas of your home for which you are responsible.

Your Association is a not-for-profit corporation. As such, the Boards responsibility is to run the business of the corporation. The board has a fiduciary responsibility to the owners of the corporation. This includes timely collection of assessments as well as payments made for services provided to the Association. In general, the Board Members are the decision makers for the Association. The Board of Directors are individual homeowners who live within the subdivision and who are elected to that position by the members of the Association.

The directors are owners, like you, that are elected by the membership. There is a President, Vice President, Treasurer, Secretary, and Member-at-Large.

• Fill a vacancy on the Board of Directors
• Establish rules and regulations for the association
• Set the Annual Assessment rate
• Contract for services of the association (management, landscape, maintenance, etc)
• Use and disburse association funds
• Establish committees
• Enforce the Covenants and Restrictions
• Elect officers for the association
• Prepare the annual budget
• Insure the association
• Invest excess funds controlled by the Association
• Collect assessments
• Establish the standard of care for the maintenance of the common areas
• Interpretation of the wording in all governing documents

Generally speaking, the board elections take place on an annual basis either prior to (in the case of absentee ballots) or at the annual meeting of the members (proxies and ballots). Positions usually become vacant and are normally filled during your Annual Meeting. During the Annual Meeting a vote via a Ballot is taken for the nominees who are running for a position on the Board. Those voting must be in Good Standing in order for their vote to count, all the votes will then be tallied and the results announced.

Anyone can be a Director as long as they are in Good Standing. The Board of Directors is strictly voluntary and there is no compensation for their efforts except for the fruits of their labors shown at the end of the year.

In general, the Association may have standing committees (e.g. social, pool, finance, landscape). There may also be ad-hoc committees, temporarily created for specific one-time items (e.g. selection of a refuse provider). Members of committees are appointed and removed by the Board of Directors. The primary function of the committee is to render a recommendation to the Board on the subject matter of their committee. This recommendation, once delivered to the Board of Directors, is then approved/rejected by the Board.

No. Homeowners / Lot owners have one vote for every lot / property owned.

If you are unable to attend a meeting and you would like to exercise your right as a homeowner, in good standing, a proxy hardcopy form must be completed. The form must be completed, signed and dated by you the homeowner and sent to the Secretary of the Board at least 5 days prior to the opening of the meeting.

A Proxy is “the function or power of a person authorized to act for another. ” The purpose of a proxy is important as it allows for voting and establishing a quorum in order for business to be conducted.

Yes. All owners are mailed copies prior to the October annual meeting. The budget is established by the Board.

Your Association has an Annual Meeting where your Board of Directors discuss the financial aspect of the Association with the homeowners. Attending this meeting can be very enlightening and helps each homeowner understand the workings of a Homeowners Association.

In order for the Board to accomplish the many tasks for which it is responsible, the association needs operating funds for daily maintenance, repairs, administration and adequate Reserve funds for major repairs or replacements of capital items. As a member of the association, you are required to pay a share of the costs. The assessments to be levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Development and for the operation of the Association and shall specifically include, but not be limited to: the maintenance and operation of the private roads servicing the Development; maintenance of all lighting and parking facilities in the Common Areas; and the payment of taxes and insurance for the Common Areas; payment for the improvement and maintenance of the property, services and facilities related to the use and enjoyment of the Common Areas and of the homes situated within the Development; maintenance of the storm water detention areas and storm water easement areas within the Development; expenses incurred by the Association’s Board of Directors or officers in performing their obligations and duties as prescribed in these By-Laws.

The annual dues may be adjusted by a majority vote of the Board of Directors and is commensurate with operational costs and future costs.

In addition to the annual dues authorized above, the Association may levy a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected or future repair or replacement of a described capital improvement upon any Common Area, including the necessary fixtures and personal property related thereof; provided, however, that any such special assessment in excess of fifteen percent (15%) of the regular annual assessments shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members in accordance with these By-Laws and shall specify the purpose of the special assessment.

• Winston Manor Homeowners Association
• P.O. Box 812
  Hudson, Ohio 44236

Any dues not paid by the due date is delinquent. If the dues or special assessment are not paid within thirty (30) days after the due date, the dues shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association, acting through its Board of Directors, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot to which an assessment is levied, and interest, cost and reasonable attorneys; fee, including at the appellate level. of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessment by non-use of the Common Areas or abandonment of his lot. A lot may not be sold unless all assessments are paid current.

Public swimming pools, spas, and special use pools are regulated under the authority of Chapter 3749 of the Ohio Revised Code (ORC) and the rules specified in Chapter 3701-31 of the Ohio Administrative Code (OAC). The rules establish minimum standards, applicable throughout Ohio, for the design, installation, operation and maintenance of these facilities in order to protect the bathing public from injury, minimize the potential for disease transmission, and provide a safe and healthy aquatic recreational environment. Lifeguards are required for pools over 1000 square feet, and our pool is 3000 square feet. In addition, we are required to have one lifeguard for every one (1) to fifty (50) bathers that is dedicated to lifeguarding responsibilities. This results in a minimum of two lifeguards on duty, at any given time, to allow for required breaks and pool maintenance responsibilities.

Lifeguards are persons holding specific qualifications (see p. 6) appointed by the pool manager to ensure the safety of bathers while they are in the swimming area. They are responsible for the following:
• Guard swimming pool and maintain safe swimming environment.
• Enforce safety rules and rules of pool.
• Check swimmers at gate when assigned.
• Maintain pool area – keep clean.
• Do cleaning chores as assigned by Pool Manager.
• Attend weekly life guarding reviews as scheduled.
• Be in uniform at all times.
• Head Guards: Additional Duties.
• Assist pool manager with scheduling of staff and keep pool clean.
• Assist manager with chemical balance

The Pool Operations Manager is responsible for the year round operation and maintenance of the Pool & Tennis Facility as well as the seasonal day-to-day operations. The pool manager functions under the authority of the Board of Directors. Specific responsibilities include but are not limited to the following:

• Supervision of Lifeguards
• Human Resources
• Lifeguard Training
• Peripheral Duties and Preparation of the Pool

Establishments that sell or serve food to the public must comply with all health requirements, receive an annual license, and be inspected by the Summit County Health Department. The Board investigated the requirements necessary to serve temperature sensitive food and found that the structural changes to our facility necessary to meet those requirements were cost prohibitive, totaling in the tens of thousands of dollars. A few of the structural changes to our facility are listed below but there are many other requirements for handling of food, disposing of food, cleaning of equipment, fire safety, etc., that are to lengthy to include.

Common area / facility refers to all property leased, owned, or maintained by the Association. This is mainly for the sole use and benefit of the members in your Association. It may include but is not necessarily limited to signs; swimming pools and adjacent buildings; recreation sites, with associated furnishing; tennis courts and associated equipment; landscaping; walls; parking lots and median islands in cul-de-sac streets.

No. Unless the problem is one causing a common area problem or a direct violation, homeowner disputes should be settled between the parties involved. Your Board is not there to serve as referee between neighbors.

Complaints should be submitted in writing to the Board. Complaints should state the problem; identify the offending homeowner; and the date(s) of the offense(s). Just as in any court of law, the offender has the right to know who is complaining and what he/she is being accused of. He/she is also entitled to a hearing before the Board. Please be sure of your facts before filing complaints.

Please see Covenants and Restrictions and obtain permission from the proper authorities ie: Board, City, County etc.