Latest Legal Insights

I hope everyone has had a wonderful summer. As pumpkins appear on store shelves and we approach the transition to Autumn, I’d like to discuss the transition of a planned community from developer control to an effective operation by the ownership.   If it feels like new condos and community associations are continuously popping up in your town—this is because they likely are. As of 2023, planned community developments represented approximately one-third of the nationwide hou

Political signs and messaging in Community Associations is generally a passionate topic to discuss with residents and the Board. From a legal standpoint, there are clear guidelines when it comes to regulating political messaging in a Community Association.   First, it is important to remember that the First and Fourteenth Amendments to the United States Constitution protect free speech in that the government may not “abridge” the freedom of speech, which of course includes

The condominium statute and planned community statute require strict compliance before issuing an enforcement assessment.   However, sometimes a friendly reminder from the Association’s property manager or Board is recommended instead of immediately fining.   Minor violations like trash can violations, storing items in common areas, or weeds in the yard are more preferable for initial, friendly notices. More serious violations like dog attacks, noxious/offensive activitie

An important reminder for Boards and Property Managers: Can you impose fines for failure to follow the Declaration/Bylaws and Rules?  YES!  Can we just put a fine on the account once we notice a violation and leave it at that?  NO!   In Ohio, for condominium and homeowners associations, before imposing a fine or enforcement assessments, the Association needs to notice the owner with:   A written notice That describes the violation Gives the owner a reasonable time to cure,

How can associations improve communications and streamline board transitions by updating emails? When board members choose to use their personal or work emails for communications related to the association, things can get a bit sticky. A big concern is that there can be a lack of confidentiality and organization. Did you mean to send that casserole recipe to your niece? Uh oh! Instead, you sent it to one of the other board members. Did you want to include the property manag

As we gear up for another exciting season of social events within our communities, it is important to take a moment to highlight the importance of safety precautions and making sure the association has the proper insurance when hosting large events.   Safety First: Hosting a social event and involving all your community members and their guests can range from formal gatherings to formal celebrations. While these kinds of events strengthen our community bonds, they also pre

A comprehensive contract is a written document in which the terms within the four-corners of that document are the sole agreement between two or more parties. An estimate is not a comprehensive contract.  By signing a written document, the contracting parties agree and acknowledge that the written document describes in its entirety the obligations of all the parties that signed it and renders any previously made promises null and void.  The value of a comprehensive contract,

On January 1, 2024, the Corporate Transparency Act (CTA) went into effect. Intended to help combat national security threats such as money laundering and terrorism, this new legislation requires corporate entities to report certain information to the U.S. Financial Crimes Enforcement Network (FinCEN). It impacts millions of U.S. and non-U.S. entities alike—including several hundred thousand homeowners’ and condominium associations.   That’s right, volunteer boards and prope

That time of year again is quickly approaching—landscapers will be completing the Spring Clean-Up soon, generally during late March and early April.  While we are lucky to have had a relatively mild Winter, it is important that all Association-responsibility landscaped areas are probably put to rights in the coming months. Snowplow Damage Ensure that any damage caused by snowplowing contractors, or the municipality are fixed promptly.  For the Association’s snowplowing cont

As warmer weather moves back into Ohio this Spring, it is important to remember these key reminders of the enforcement process. This quick reference guide provides key reminders for both Ohio planned communities and Condominium Associations.  Generally, Community Associations have various deed restrictions that are codified in the Association’s governing documents. The governing documents are also known as the declaration, bylaws and rules and regulations. Any violation of an

A late Happy New Year to all who are reading. So far, this year has been plenty busy here at EQUES®, with new opportunities, new clients, and new challenges. Of course, we attorneys are trained and willing to handle all kinds of legal challenges on our client’s behalf. That said, our work can be easier (and often cheaper) with a solid working relationship between ourselves and our clients. With clear and easy communication, we can swiftly learn how best to help our clients wh

“The Road goes ever on and onDown from the door where it began.Now far ahead the Road has gone,And I must follow, if I can,Pursuing it with eager feet,Until it joins some larger way, Where many paths and errands meet.” J.R.R. Tolkein EQUES ® Law Group celebrates 14 years of our journey together! There are times I feel our journey has only just begun. There is so much we know now that we did not know 14 years ago, and far larger mountains in front of us than we have ever clim

As many of you are aware, the voters have spoken, and effective yesterday, it is now legal to possess small amounts of marijuana in the State of Ohio.  While we expect many accompanying legislation to dictate some of the operative effects of the new Bill, the Association can be pro-active about preventing the smoking of marijuana within your community. If your community has a nuisance prohibition in your Declaration, then the Association may have grounds to enforce against t

What is the Corporate Transparency Act? Effective on January 1, 2024, the Corporate Transparency Act will govern corporations, and in summary, was enacted to prevent and detect financial crimes. The unintended consequence is that all corporations, unless specifically exempt (regardless of not-for-profit status) are required to report Beneficial Ownership Information.  This means that condominium and homeowners associations are not exempt from reporting. The GOOD news: Repo

October: the spookiest time of year. You know what shouldn’t be spooky, but often seems to be? Shopping for insurance. Thank you for tolerating my poor attempt at a seasonal segue into this month’s topic: community association insurance. Here, I will discuss insurance requirements for condominiums and homeowners associations, basic coverage in a standard policy, and some common exceptions. Hopefully, this article will shine a light into the dark basement of HOA and condomini

Many Americans are trading in their gas-powered vehicles for electric vehicles (“EV”) including those living in Community Associations. According to the registration data from Experian (via  Automotive News ), out of 1.24 million new light vehicles registered in January 2023, 87,708, or 7.1 percent were all-electric. Shockingly, this is a seventy-four (74) percent increase year-over-year and a very noticeable change, compared to a 4.3 percent share in January 2022. The 7.1

Known as “HOAs,” homeowners associations (as well as condominium associations) are organizations created for the common benefit of their membership. Governed by a group of volunteers, each HOA (or condo) is elected by the membership into vital (sometimes thankless) roles on the Board of Directors. But the Board aren’t all-powerful despots. Like the rest of the members, they must abide by their association’s governing documents. WHAT ARE THE GOVERNING DOCUMENTS? If you’re in

Association boards and owners alike become frustrated when others don’t pay their fair share. How do we properly combat owners who don’t pay? The best practices for the payment of condo and HOA fees often start with administration. Here are a few best practices that our HOA team recommends: Ensure that your manager or Board, if self-managed, sends the attorney a monthly delinquency report.  We don’t charge for the review and a monthly report ensures we can make good recommen

Recently, our office received several questions about whether condominium owners  must  carry liability insurance on their respective units. These questions generally arise when a catastrophic event occurs, such as a fire or flood. The answer depends upon several factors.  First, a condominium association does not have to require owners to carry liability insurance on their own. An association is under no statutory obligation to require owners to purchase insurance coverage f

As a volunteer board member, you have many responsibilities toward your association. As a group, it is imperative to run the association safely and smoothly for all owners, including yourself.   If and when it comes down to a collection or association matter requiring a board vote, your management company or legal representation will reach out to all board members to get a unanimous vote. This vote is conducted by email or at a board meeting and recorded in the minutes. Eve