Our Firm was recently hired by an association in Westerville, and another inDayton, Ohio. Both associations were under the impression that they had enacted valid and legally binding amendments to their Declarations. TheWesterville association thought they enacted a "no-leasing" amendment. TheDayton association was under the impression that they had properly reduced their quorum requirement of their annual meeting to "those Owners present in person or by proxy."Both associations were surprised to learn their amendments were not valid or legally binding because the associations never properly recorded the amendments with a filing at their local County Records Office.Ohio Revised Code Section 5311 clearly mandates that amendments must be recorded to be valid. Community association boards would be wise to be aware of the two step process to be followed to enact a valid and legally binding amendment. An overview of the two steps are as follows:STEP 1A. Decide on top...
Amendments MUST be Recorded to be Valid
22 Jul 2009
22 Jul 2009
Eliminating Common Element Recreational Facilities
In these difficult and challenging financial times, several community association boards have inquired about the proper procedure to eliminate an association amenity, such as a swimming pool, playground, or tennis court. In general, pressing financial issues may permit a board to close a pool for a season or two; however, if a board desires to permanently eliminate any common element recreational amenity, an amendment to the governing documents is usually required.Common element amenities, such as swimming pools, playgrounds, and tennis courts, are often referenced in the association’s declaration and also on the plat map drawings, both of which are filed with the county recorder’s office. To properly and permanently eliminate a common element amenity, the amendment vote process must be followed to eliminate these references in the governing documents. The amendment must also give the board the ability to spend the association's common expense funds on eliminating the recreational a...
Resident Board Members
Ohio law requires that community association board members be owners in their communities, the spouse of an owner in their communities, or the principal, member of a limited liability company, partner, director, officer, or employee of an owner, if the unit/lot is not owned by an individual. Many condominium and homeowner associations, however, have amended their governing documents to impose additional requirements for Board membership, such as good standing in the payment of association assessments or residency in the community. For a closer look at the pros and cons of a board residency requirement, please view the HOAleader.com article: http://www.hoaleader.com/public/Residency-Requirements-for-Your-HOA-Board-of-Directors-Pros-and-Cons.cfm For more detailed information if your Board is considering proposing an amendment to adopt additional restrictions for Board membership, please consult with any Kaman & Cusimano, LLC attorney.
Association Lighting Restrictions
Many condominium and homeowner associations have significant architectural restrictions, including some restrictions and requirements on exterior lighting. Common element lights, as well as decorative lighting for units, lots, and limited common elements that are installed by unit owners, are becoming more and more common. The following article from HOAleader discusses some important issues related to lighting restrictions:http://www.hoaleader.com/public/Does-Your-HOA-Restrict-Lighting-Should-It.cfm
Combatting Condominium Short Term Rentals
As the apartment boom in Ohio continues to grow, many condominum owners and investors want to rent their condominium units, and often want to do so on a short-term basis. Condominium owner-occupants are often opposed to such rentals within their community, for important reasons such as insurance coverage, increased liability, complaince with Federal mortgagee requirements, property maintenance, and general community spirit.While many associations have passed reasonable restrictions on leasing as an amendment to the association's declaration, many association boards are specifically asking how to combat short term rentals, particularly in non-vacation areas. To address this issue, HOAleader.com recently publishes a series of articles regarding combatting condominium short term rentals. To view the article, please visit the following link:http://www.hoaleader.com/public/Wait-Theres-More-Additional-Ideas-to-Combat-ShortTerm-Rentals.cfmAs always, should an association board member or pro...