
Villages at Sycamore Creek Homeowners Association, Inc. was formed as a non-profit corporation on April 28, 2000 for the residents of Villages at Sycamore Creek. Around that time, M/I Homes and Dominion Homes were the developers building and selling homes here, and as the years passed, the remaining lots that were left undeveloped were eventually sold to Pulte Homes of Ohio.
If you own a home in Villages at Sycamore Creek, you are a member of the Villages at Sycamore Creek HOA (aka VSC HOA, or simply
“the HOA”). Each home represents one member within the membership of the HOA, regardless of the number of owners on the deed to your home. A “special warranty deed” that was delivered to every homeowner at the closing of their VSC home describes the developer as the “Grantor.” The Grantor is the developer. The developer (aka the Grantor) can modify the special warranty deed at any time until the governance is turned over to homeowners. The special warranty deed also says that the governance of the HOA is currently under the control of the developer, and won’t be turned over to residents until the last lot is sold. The date upon which control is turned over from Pulte to residents is referred to as the turnover date.
In addition to describing the roles of the developer and the roles of the HOA and its members, the special warranty deed also contains information on the requirement of homeowners to gain approval for any exterior modifications to their home. It also contains deed restrictions for uniform mailboxes, screening trash cans from view, materials and height and setback allowances for fencing, etc. You can find detailed information on restrictions on pages 7 through 9 of the special warranty deed.
Finally, the special warranty deed describes what happens when a lot assessment is delinquent. Page 6 of the special warranty deed says that owners whose lot assessments are 30 days or more delinquent will have their voting rights and right to use “common property” (such as the pool) suspended.
While Pulte is currently in control of the HOA and any amendments to the special warranty deed, Pulte has decided to hire a third party, OMNI, to manage much of the day to day governance of the HOA. OMNI is charged with a number of tasks including collecting annual lot assessments including delinquent assessments, ensuring that deed restrictions are being followed, making contracts with other vendors (such as the landscaper and a pool management company) to ensure common areas are being maintained, paying those contractors for their work, etc. OMNI has no voting rights or decision-making power. OMNI is not “the HOA.” They are simply a hired hand by Pulte.
After the turnover date, Pulte will not control the HOA or amendments to the special warranty deed. The VSC HOA will gain control at the turnover date. For the VSC HOA to modify any of the wording in the special warranty deed, it will require the approval of HOA members of at least ⅔ of the voting power of the entire membership. Not ⅔ of whoever decides to show up to vote, but ⅔ of all homes within the association. That would mean approximately 400+ votes would have to be secured, all voting for the same change, to modify the special warranty deed. This includes voting to change the number of votes needed to make a change.