Where your assessment dollars can go
This is the flow of funds as written in the recorded Declaration, with figures from the Association manager's written responses to homeowner questions (December 2023) and the FY2024 budget. Every owner has a legal right to examine the full books (see Your Rights below). Remaining blanks get filled in as records are obtained — and all figures should be refreshed each year when the annual assessment notice arrives.
Annual Assessments — developed lots (homeowners)
Every owner pays the full annual assessment set by the Developer-appointed board. Decl. §3.2, §3.7
Annual Assessments — undeveloped lots (Developer's land)
Lots without homes — mostly Developer-owned — pay only 10% of the rate homeowners pay. Decl. §3.5
Initial Assessments
$1,000 paid by each buyer at first purchase from the Developer, for operations or reserves. Decl. §3.8
Common Expenses — maintenance, insurance, operations
Pools, common areas, landscaping, insurance, management, legal and accounting fees. Decl. §3.4
Repayment of "Developer Advances" — closed
The Declaration lets the Developer lend the Association money and be repaid from assessments. Per the manager's written response (Dec 2023), all advances were repaid in full in 2020 and nothing further is owed. Homeowners should still request the repayment history for the record. Decl. §3.6 · Mgr. response, Dec 2023
Management fees — paid to a Developer affiliate
Management is provided by Oberer Management Services, an affiliate of the Developer, as the documents expressly permit. FY2024: $8.50 per unit per month × 425 units = $43,350 — a rate in the normal range for HOA management. Per the manager, the fee was kept low while Developer Advances were outstanding, then adjusted to market after 2020. This contract can be terminated by the Association within one year after turnover. Decl. §5.4 · Mgr. response, Dec 2023
Reserves for future repairs
Funded at roughly $80,000 per year (~$7,700/month), guided by a 2020 professional reserve study. Balance as of Oct 2023: $171,128, before the November roof payment — roughly $125–130k entering 2024. 2023 reserve spending totaled ~$81,000: clubhouse roof replacement $49,000 (Lance Roofing & Siding; the 2020 study estimated $28,200 — roofing costs rose sharply in between, and homeowners have asked whether competing bids were obtained), pool repairs $30,149 across ten invoices, fountain repair $2,020. The open question: what percent funded is the reserve against the study's recommendation, especially with an aging pool? Decl. §3.7 · Reserve Summary Oct 2023 · 2023 Expense Distribution
$81,169 out (2023)
Why homeowners can't outvote the Developer — yet
During the "Development Period," votes are not one-per-household. The recorded Code of Regulations sets two classes of voting power:
A family that owns one home casts one vote. Code Reg. §3.2(a)
+ 3 per potential lot
Three votes for each unsold lot, plus three votes for every lot that could someday be created on ~185 acres of unannexed "Additional Property." Code Reg. §3.2(b)
This is why the 2018 amendment could be certified as "approved by Members representing 75% of the voting power" without a homeowner ballot ever going out: under this math, the Developer alone very likely is 75% of the voting power. But the same math cuts the other way — every home sold converts three Developer votes into one homeowner vote. With roughly 425 homeowner votes already on the board, the Developer needs about 1,275 weighted votes to hold 75% alone — around 425 lots' worth of unsold and potential inventory. With ~100 lots left and the unannexed land nearly exhausted, that threshold has likely already flipped or is about to. The day it flips, no further amendment — including any attempt to move the turnover trigger again — can pass without homeowner consent. The goalposts freeze.
Turnover may be closer than the documents suggest
The recorded ceiling is January 21, 2034. But the Development Period ends earlier the day the Developer has sold 100% of the lots that can be created — and the disclosed numbers say that day is not far off:
Per the 2020 reserve study (527 planned homes) and the FY2024 assessment base. 2020 Reserve Study · FY2024 budget
The Developer's own 2024 projection. The manager states only "small access points and an entrance" remain to be added to common areas — the big annexations are done. At this pace, sellout lands around 2027–28. Mgr. response, Dec 2023
Three numbers worth publishing here every year until turnover: homes sold to date, lots remaining (platted-unsold plus any unannexed land, from county parcel records), and the current vote count under the weighted formula. When the last lot conveys — or on January 21, 2034, whichever comes first — the Code of Regulations requires a special meeting at which homeowners elect the board. Code Reg. §5.3
How control was written, and rewritten
Initial Declaration recorded
Divided Ridge Associates, Ltd. (managed by Oberer Land Developers) establishes the community and the Association. Instr. SP-I-04-102415
Amended & Restated Declaration recorded
Woodbourne merges in; one association for all of Washington Trace. Developer control ends at the earliest of: 75% of all possible lots sold, voluntary handover, or 20 years from this date. Instr. 2014-00003365
First Amendment moves the goalposts
The 75%-sold trigger is rewritten to 100% of all possible lots sold. The instrument is signed by George R. Oberer, Jr. as Developer — and by George R. Oberer, Jr. as Association President, certifying the 75% member approval. Under the weighted voting above, the Developer's own votes could supply that approval. Instr. 2019-00003159
The ceiling
Twenty years from the 2014 recording. On or before this date — or sooner, if every lot sells — the Development Period ends, a special meeting must be called, and homeowners elect the board. The Developer's right to annex more land expires the same day. Decl. §1.14 (as amended), §13.1; Code Reg. §5.3
What every owner can already do
You don't need a board seat to exercise these. They come from the recorded documents and Ohio's Planned Community Law (Revised Code Chapter 5312).
Examine the books and records
Any owner may examine and copy the Association's books, records, minutes, and financial statements upon request. This includes budgets, expenditures, and Developer Advance balances. Code Reg. §13.1 · O.R.C. 5312.06(C)
See the audit, if one exists
If the board has the books audited, copies must be made available to any owner on request. If no audit exists, that answer is informative too. Code Reg. §9
Get notice and a hearing before fines
Before charging an owner for damages or enforcement, the board must give written notice and an opportunity for a hearing. Code Reg. §8.3 · Decl. §3.9
Terminate affiliate contracts after turnover
Any management contract with the Developer or its affiliate can be terminated by the Association within one year after the Development Period ends. Mark the calendar. Decl. §5.4
Straight answers, sourced
Is what the Developer did illegal?
Did homeowners ever vote on the 2018 change?
When does this actually end?
Does the Association still owe the Developer money?
How healthy is the reserve fund?
Couldn't the Developer just change the rules again, like in 2018?
Why do empty lots pay less than my house does?
Can we just refuse to pay assessments in protest?
Who is the Developer, exactly?
Four steps, in order
-
Complete the records file
The manager has already shared reserve reports and expense detail on request — build on that. Still worth obtaining in writing, citing Code Reg. §13.1 and O.R.C. 5312.06(C): the Developer Advance repayment history, the management contract, competing bids for major reserve expenditures like the 2023 roof, and board meeting minutes.
-
Refresh this page every assessment season
Each December, update the ledger figures, the homes-sold count, and the countdown from the new budget. Facts travel further than frustration — every neighbor should see the same figures with the same citations, every year.
-
Verify the countdown independently
Don't rely only on the Developer's projections. Count platted-unsold lots and unannexed acreage in the Montgomery County Auditor's parcel records, and compute the current vote split under Code Reg. §3.2. The date the Developer drops below 75% of voting power is the date the rules freeze — someone should know when it happens.
-
Build the turnover slate now
The day the Development Period ends, a special meeting elects three homeowner directors — and a one-year window opens to terminate any Developer-affiliate management contract. Identify candidates, gather contact info by street, and arrive at that meeting organized, not surprised.