Liens filed on 10 properties

HURON — A Huron-area property association filed 10 liens earlier this month against properties in the Rye Beach Park area whose owners allegedly failed to pay yearly association fees, according to county records. Sign at Rye Beach Park in Huron Provided But which residents pay and which ones don't pay, how much gets paid and how money is being spent are among some of the unknowns, according to one resident of the neighborhood, Michele Schuster, and a former president of the association's board, Mike Jones. Schuster was the recipient of one of those liens filed with the Erie County recorder's office. She was never given an advance notice of the action and was not allowed to request a hearing before it was filed. "There are some property owners who might not even be aware liens were filed," Schuster said, questioning whether a lawful process was followed by the association. Membership in the association is voluntary, and some residents are paid members and some are unpaid members. Paid members can use the 3.8-acre park and have access to the shoreline property the association owns. Nonmembers don't have access, she said. The liens are the latest frontline in a battle that's lasted decades. Schuster and Jones are among about 300 eligible property owners in the area of the city from Rye Beach Road to Silvern Street north of Cleveland Road that are in the Rye Beach Park neighborhood and eligible for association membership. An election of board officers last month was mishandled, they said, and there are enough valid signatures from dues-paying property owners on a petition to force a vote on whether the current association officers and trustees should be removed from the board. Here's how it works The association has a long and complicated history. For decades, membership was voluntary, and so was the fee, according to sales agreements, contracts and other documents, Schuster said. "When I bought my house in 1981, it was $10, and you weren't required to pay it. It was voluntary," she said. "Then it became $20 and then $40, $75 and $150. It was too much, and it was never clear how things were organized, how money was being spent." Jones said the board's bookkeeping records are "tremendously horrendous." The fee structure is annual but how much is charged, how much gets paid and how the association's money gets spent is haphazard. Schuster and Jones both are troubled by how the association's election was handled, and the direction in which the board's heading. "People have grown so distrustful they don't attend meetings," Jones said. "There's usually not enough there to have a quorum." Electing and counting The association's annual picnic is its annual meeting, a time to socialize, break bread and vote for board officers. This year, the turnout was great, according to a post on the association's Facebook page. There were more than 100 ballots cast, according to the post, which Jones disputes. "There were just 67 ballots," he said. And the votes weren't counted during the meeting, which is the normal process. According to Schuster and Jones, some members emailed in their votes, but there's been no clear explanation about why the votes weren't counted that day or even when they were counted, how the count was conducted or who conducted the count. "They told us the people who counted the votes wanted to remain anonymous," Jones said. "That's not how it's supposed to work." The election results were announced on Sept. 28, four days after the picnic. "We understand and apologize for the frustration with the ballots not being counted on Sunday (Sept. 24), a courtesy that has been extended in the past while attendees enjoyed the (barbecue)," the post announcing the results states. "The large number of ballots created a larger task at hand than in prior years. In addition, the members in attendance voted not to stay for the (barbecue) due to the inclement weather." Schuster and Jones said an association was formed to make sure a small shoreline area and the park in the neighborhood were maintained. The shoreline portion is too rocky to be considered a beach, they said, but the park area is much the same as it was before the homes surrounding it were built, complete with a 1950s-era playground set. The pier at Rye Beach Park Provided A pier on the property needs major repairs, they said, and there's great concern about cost estimates of $500,000 or more, and where that money will come from. "The truth is the association doesn't own that pier anymore," Schuster said. "Lake Erie owns that pier." Schuster and Jones said they aren't sure the association is following state laws governing homeowners associations. There also have been name changes, and there's a lack of a declaration page for the association that makes them question its legitimacy. Individual property owners are being squeezed by ever-increasing fees that have no rhyme or reason, in their view, and that aren't legitimate. "People pay because they don't want problems, or they fear being sued or feel threatened," she said. Schuster said she sought help from Ohio Attorney General David Yost, but Yost and the attorney general's staff seemed disinterested in knowing if the association was operating legitimately. "They weren't any help," she said. The association has spent a good chunk of money in court battles, she said, and the Huron Municipal Court after making some rulings that required property owners to pay the association, the court more recently ruled that it has no jurisdiction over associations, according to Schuster. Mission statement The association holds title to the 3.8-acre park, which includes 430 feet of lake frontage, according to the association website. "Property owners have an ownership interest in this park, which is the only private park/beach on the west side of Huron," the website states. A slide at Rye Beach Park Provided The association's mission, according to the website is to "protect and preserve our park, pier, and beach and to make our community, Rye Beach, Huron, Ohio, a Great Lake place to live." Schuster and Jones contend the board has strong-armed some property owners who fear being taken to court or even getting arrested if they don't pay the dues. "It's ransom money," Schuster said. "They talk with an attorney and find out what it will cost to fight the fees and decide to just pay it and make it go away. And next year or later, the association comes back again and ask for even more money than before, and people feel threatened." The association's bylaws require the board to send out notice of the petition to recall board members to all the association's members so that they can be fully informed. The board hasn't done that and now is trying to move up the date when the recall vote happens. "The board is waiting until the shortest amount of time to give notice to homeowners (of the recall meeting) so they have the least amount of time to consider a decision," Jones said. Schuster and Jones said the most important thing right now is for members to learn about the issues and how matters are being handled so that they are fully informed when the vote happens. "Our biggest complaint is lack of transparency from the board," Schuster said. "The board definitely keeps everyone in the dark," Jones said. A written inquiry to the association, sent on Friday, was not immediately responded to. * Editor's note: An attorney representing the association on Monday wrote to the Register stating that "all financial information which the association is legally required to provide to its members is not only made available to members online but is also provided at the annual meeting."