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Governing Document Amendments

Each of our attorneys is thoroughly versed in the language of association governing documents: the declaration and the bylaws. As no two governing documents are the same, we work with boards to help them understand, interpret, and enforce their specific provisions. We work on amending document provisions that are antiquated, illegal, and/or those that no longer serve the needs or interests of the association. We also entirely rewrite governing documents.

Our office is uniquely capable of handling all aspects of the amendment process, from reviewing the documents and determining the need for amendments, to the preparation of ownership consent forms through the preparation of the final amendment document that is filed with the county. Some recent amendments include:

Architectural controls

Board indemnification to provide volunteer board members with reasonable protection from personal liability while serving on the board

Board number and terms, including the staggering of board terms

Bylaw recording as mandated by the Ohio Planned Community Act governing homeowner associations and planned unit developments in Ohio

Costs of collection and enforcement to hold owners who do not pay on time or who violate the rules responsible for the costs the Association incurs

Environmental issues, including

  • Provision for solar panel installations
  • Tankless hot water tanks
  • Provision for installation and use of electrical vehicle charging stations and parking areas

Insurance requirements, including

  • Property insurance requirements
  • Liability for drywall and other interior damage from outside water leaks
  • Deductible requirements
  • Claim filing rights to protect Association insurance premium rates
  • Minimum liability insurance requirements

Leasing restrictions, including

  •         Hardship requirements
  •         Necessary family exceptions
  •         Sub-leasing
  •         Corporate housing

Modifying/clarifying maintenance responsibilities, including for

  •         Insulation and drywall
  •         Water, gas, sewer, and other utility lines
  •         Dryer vents
  •         Exterior building and roofs (for cluster and townhome homeowner associations)
  •         Exterior lights, faucets, and electrical outlets

Motor vehicle restrictions, including

  •          Limits on number of vehicles per home/unit
  •          Limits on types of vehicles, including commercial vehicles

New technologies, including providing for

  •          Use of official notices by electronic mail
  •          Voting by absentee ballot and/or secure website

Ohio Condominium Act compliance

Pet restrictions, including

  •         Defining “household pets”
  •         Prohibiting vicious dogs and exotic or wild animals
  •         Limitations on number of pets per home/unit

Sexual predator restrictions

Social activities, permitting the Board to expend association funds on social events for the community

Submetering of central utilities