Cancellation of violation hearings
What should the board do when an owner requests a hearing to dispute a violation and repeatedly cancels the hearing? Ohio statutes for both Condominium and Homeowners’ Associations have provisions which mandate the procedures a board must follow prior to imposing a fine against an owner for a violation of the covenant restrictions or rules […]
Condominium Association Handicap Parking Lawsuit (IL)
In a recent Illinois court case, a renter sued a community association claiming that the unavailability of handicap-accessible parking violated the Fair Housing Act (“FHA”). The property consisted of a 40-story building with 342 parking spaces, seven of which were handicap accessible. However, the association sold the handicapped-accessible parking spaces to non-disabled persons and the […]
Who Removes Dead Ash Trees from the Common Elements?
We have been asked if a Board can pass a rule requiring the owner closest to a dead Ash tree on the common property to remove the tree at the owner’s expense. If this is a condominium, usually the Declaration will require the Board of a condominium association to maintain and repair the common elements, […]
How Does the Board Enforce Leasing Restrictions?
Enforcing leasing restrictions is done the same way as enforcement of all other community use restrictions. The actual rule should be consulted for any notice provisions necessary, but otherwise, the text of the leasing restriction should be reviewed to see what remedies are contained in the actual rule. Read more……
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
There’s no witness protection program in community associations
Before seeking to enforce rule violations, the board must insist that complaints be submitted in writing and contain the date, signature, address, and phone number of the person filing the complaint. Implementing this type of policy for complaints serves several purposes.
Reducing the Risk of Break-ins While Away on Summer Vacation
Hopefully, an owner within your association will never have the misfortune to be a victim of a burglary. Burglaries not only result in damage to the home, but more importantly, result in the loss of peace of mind. Criminals everywhere look forward to summer-time because during the time an owner is basking in the sun […]
Ohio Community Associations Dodge a Sales Tax Bullet
On February 12, 2013, a new budget and tax reform plan known as House Bill 59 was introduced. Under the proposal, Ohio’s sales tax rate would have been lowered from 5.5% to 5%. To make up for the lost revenue resulting from the lowered tax rate, all service transactions would have been taxable unless specifically […]
Transition Study, Reserve Study. What’s the Difference?
Most board members understand what a reserve study is and the beneficial role it plays in managing the financial future of the community association. Another study that comes up for recently constructed associations and is equally as important is the transition study. Read More……
Electronic Communication (Emails) Are Discoverable in Litigation
Our firm philosophy has long been “Communication not Litigation.” This philosophy is based on the belief that disputes are best resolved in a voluntary and reasonable manner rather than through the time, expense and aggravation of a lawsuit. Recent developments in the law, however, may require Association boards to pay much more attention to how […]
Tax-exempt, or Not-for-profit?
We are frequently asked, “If we are a not-for-profit corporation, why do we still have to pay taxes?” Tax exempt and not-for-profit are two completely different concepts in the world of community associations. The notion of being not-for-profit stems from the fact that the association’s income is only the maintenance fees collected from the members. The […]
Lakes can become liabilities if not maintained
The prospect of a nice home situated on a lake in a suburban community is very appealing to prospective buyers. Lakes became a fixture at many of the residential developments in Boone County during decades of population growth, which was only recently slowed by the economic downturn. Read More……
Condominium Unit Owners Not Strictly Liable for Damage Originating from Their Unit in Ohio
In condominium associations, where individual owners share a common interest in property and are often within close proximity to each other, it is not uncommon for disputes to arise between individual owners. Resolution of these disputes often turns on how the property relationships are defined by condominium association documents and bylaws, as well as state […]
The Trayvon Martin Case: The Liability of Community Associations for a “Neighborhood Watch”
The tragic death of 17-year-old Trayvon Martin is a vivid reminder to community associations that neighborhood watch programs, while intended to protect the community with the best of intentions, may also create major risks. Read More……
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]