Washington Township · Montgomery County, Ohio Prepared by your neighbors All facts from recorded public documents

Washington Trace:
Know Your Association.

Every homeowner here pays assessments to the Washington Trace Community Association. No homeowner has ever sat on its board. This page explains — from the recorded documents themselves — who controls the Association, where your money can go, and what rights you already have.

0 of 3
Board seats held by homeowners. All directors are appointed by the Developer during the "Development Period."
~425 of 527
Homes sold vs. total planned (per the 2020 reserve study, as of the FY2024 budget). At ~28 new homes a year, sellout — and turnover — could arrive around 2027–28.
Jan 21, 2034
The latest date Developer control can end under the recorded documents — unless every lot sells first.
The Money

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.

Association ledger — per recorded Declaration §3FY 2024 · Dec 2023 disclosures
IN

Annual Assessments — developed lots (homeowners)

Every owner pays the full annual assessment set by the Developer-appointed board. Decl. §3.2, §3.7

$____ / lot
IN

Annual Assessments — undeveloped lots (Developer's land)

Lots without homes — mostly Developer-owned — pay only 10% of the rate homeowners pay. Decl. §3.5

$____ / lot
IN

Initial Assessments

$1,000 paid by each buyer at first purchase from the Developer, for operations or reserves. Decl. §3.8

$1,000 / sale
OUT

Common Expenses — maintenance, insurance, operations

Pools, common areas, landscaping, insurance, management, legal and accounting fees. Decl. §3.4

$____
OUT

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

$0 owed since 2020
OUT

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

$43,350 / yr
OUT

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

~$80,000 / yr in
$81,169 out (2023)
The honest summary: when homeowners asked, the manager answered — with reserve reports and expense detail. The figures disclosed so far are largely unremarkable: advances repaid, a management fee in the normal market range, reserves funded per a professional study. This page reports that plainly, because the point was never to find a villain. The point is that a board appointed entirely by the Developer still sets what homeowners pay while Developer-owned lots pay a tenth of the rate, and transparency currently depends on one manager's goodwill rather than homeowner representation. Structure, not scandal — and the structure has an end date. See the countdown below.
The Votes

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:

Homeowners
1 vote per lot owned

A family that owns one home casts one vote. Code Reg. §3.2(a)

Developer
3 votes per lot owned
+ 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.

The Countdown

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:

Homes sold & assessed
~425 of 527

Per the 2020 reserve study (527 planned homes) and the FY2024 assessment base. 2020 Reserve Study · FY2024 budget

Pace & remaining land
~28 homes / yr

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

The Record

How control was written, and rewritten

Sep 3, 2004

Initial Declaration recorded

Divided Ridge Associates, Ltd. (managed by Oberer Land Developers) establishes the community and the Association. Instr. SP-I-04-102415

Jan 21, 2014

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

Dec 31, 2018 · recorded Jan 17, 2019

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

Jan 21, 2034

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

Your Rights — Today

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

Common Questions

Straight answers, sourced

Is what the Developer did illegal?
Probably not, based on the documents alone. Ohio's Planned Community Law sets no deadline forcing a developer of a planned community to hand over control, and the recorded documents grant the Developer the weighted votes it used to amend the turnover trigger. That's why homeowner strategy here focuses on transparency, the money, and preparing for the guaranteed 2034 (or sellout) turnover — not on a lawsuit over the amendment itself.
Did homeowners ever vote on the 2018 change?
No homeowner ballot was required. The amendment was certified as approved by "Members representing 75% or more of the voting power" — and because the Developer holds three votes per unsold lot plus three per potential future lot, its votes alone very likely met that threshold. The certification and the Developer signature are the same person.
When does this actually end?
At the earliest of: (a) January 21, 2034; (b) the day the Developer has sold 100% of the lots that can be created in the Property and Additional Property; or (c) the day the Developer voluntarily allows owners to elect a board majority. Based on the disclosed sales pace (~28 homes/year against ~100 remaining), the 100%-sold trigger could arrive around 2027–28 — well before the 2034 ceiling. On or before that day, a special meeting of members must be called and three directors are elected by owners.
Does the Association still owe the Developer money?
No, per the manager's written response: Developer Advances were repaid in full in 2020 and nothing further is due. Homeowners have asked for the repayment history so this can be documented rather than taken on trust — but as disclosed, this chapter is closed.
How healthy is the reserve fund?
Actively managed, roughly breakeven, adequacy unproven. 2023 saw ~$80,000 in and ~$81,000 out (roof $49,000, pool $30,149, fountain $2,020), leaving roughly $125–130k entering 2024. The fund is clearly being used for its purpose — but whether that balance is enough depends on the 2020 reserve study's "percent funded" benchmark, which hasn't been disclosed. With the pool consuming $30k in a single year, that's the number to ask for. Underfunded reserves eventually become special assessments — likely after turnover, on a homeowner board's watch.
Couldn't the Developer just change the rules again, like in 2018?
Only while it still controls 75% of the total voting power — and that power shrinks with every sale. Each home sold removes three Developer votes and adds one homeowner vote. With ~425 homeowner votes already outstanding and roughly 100 lots left, the Developer's ability to amend unilaterally has likely already ended or will end shortly. After that, no amendment passes without homeowner consent.
Why do empty lots pay less than my house does?
Section 3.5 of the Declaration sets the assessment on undeveloped lots at 10% of the developed-lot rate. That provision was written by the Developer before anyone bought. It's legal — and it's also a good reason to examine how the total budget burden is split between homeowners and Developer-owned land.
Can we just refuse to pay assessments in protest?
Don't. Unpaid assessments become a lien on your home and a personal obligation, with late fees and interest, and delinquency suspends your voting rights and pool access (Decl. §3.10–3.12; Code Reg. §3.3). Withholding payment weakens homeowners at exactly the moment organization matters.
Who is the Developer, exactly?
Divided Ridge Associates, Ltd., an Ohio LLC whose manager is Oberer Land Developers, Ltd. Recorded instruments for the community are signed by George R. Oberer, Jr. in both Developer and Association-President capacities.
What Homeowners Can Do Now

Four steps, in order

  1. 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.

  2. 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.

  3. 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.

  4. 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.