Latest Legal Insights

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

On Friday, March 1, 2024, a United States District Court in Alabama ruled that the Federal Corporate Transparency Act, which requires businesses throughout the United States to file reports with the U.S. Department of the Treasury that identify their beneficial owners, is unconstitutional. This case can be found under the name  National Small Business Association v. Yellen , Case No. 5:22-cv-01448-LCB. This decision, if upheld, will have a far-reaching impact on the reporting

The Corporate Transparency Act, which became effective January 1, 2024, aims to enhance transparency in corporate structures by requiring certain companies, including LLCs, to disclose the person or persons who exercise ownership or substantial control of the entity , known as Beneficial Ownership Information.   This legislation was enacted with the goal of preventing money laundering, fraud, and other illicit activities, as it enables law enforcement agencies to access acc

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

You've likely heard of Gun Trusts . Did you know that beyond a Gun Trust, you also can form a Gun LLC or Gun LLP? If you own a firearm and are concerned about where that tool will be going when you pass, you've probably looked up your options, but ensuring that the government does not create a headache for your loved ones should be one of your highest priorities. At EQUES ® , our team is prepared to talk to you about your collection, family, and unique needs, and craft a cust

/*! elementor - v3.18.0 - 29-11-2023 */<br />.elementor-heading-title{padding:0;margin:0;line-height:1}.elementor-widget-heading .elementor-heading-title<class* elementor-size-="elementor-size-"></class*>>a{color:inherit;font-size:inherit;line-height:inherit}.elementor-widget-heading .elementor-heading-title.elementor-size-small{font-size:15px}.elementor-widget-heading .elementor-heading-title.elementor-size-medium{font-size:19px}.elementor-widget-heading .elementor-heading-t

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

FOR IMMEDIATE RELEASE EQUES® Law Group Announces Exciting Partnerships Holmes County, Dec 5, 2023 – EQUES® Law Group, a Holmes County-based law firm, is excited to unveil significant promotions within the firm. These promotions underscore the firm's commitment to recognizing and nurturing exceptional talent from within.   Effective January 1st, 2024, EQUES® Law Group proudly welcomes Ken Hochstetler , as co-owner and Equity Partner as well as Lindsey A. Wrubel and Robert

FOR IMMEDIATE RELEASE EQUES® Law Group Celebrates Matthew Kearney's Admission to the Supreme Court of the United States Millersburg, OH 11/17/2023 – EQUES® Law Group proudly announces that Matthew Kearney, one of its esteemed attorneys, was sworn in and admitted to practice before the Supreme Court of the United States today. This momentous occasion was marked by Senior Partner Thomas D. White, who served as Matthew's movant during the admission ceremony. Matthew's admissi

November marks National Adoption Month, a dedicated time to spotlight the crucial need for adoptive families within the foster care system. In honor of Adoption Month, this blog post will explore the adoption process when a child who is placed with a public agency is eligible to be adopted. Not every child in foster care is eligible for adoption, as parental rights must be terminated either through voluntary surrender to an agency or by a court order. Both processes are intr

In the whirlwind of our busy lives, planning for what happens after we're gone often takes a back seat. However, ensuring the security of your legacy and sparing your loved one’s unnecessary confusion and stress is one of the most vital responsibilities you have. As an estate attorney, I am here to remind you of the crucial step you can take to achieve this peace of mind: setting up a well-thought-out estate plan. Why is it so important? Minimizing Probate Hassles:  Probate

Last month I wrote about two Acts written into Ohio Law that are designed for people to either keep or acquire mineral interests.  If you missed the 1st article of the series Click Here ) Both the Dormant Mineral Act and the Marketable Title Act are geared toward getting the mineral owners to use the minerals. Mineral owners can keep their minerals by preserving them and potentially either leasing or selling them to a company. Or, people who own the surface but do not have r

More recently, our office received numerous inquiries surrounding what type of insurance coverage is appropriate for Community Associations, what risks should the Associations be aware of and insure against, and whether Associations must carry liability insurance on their respective units and common areas. Unfortunately, these questions generally arise when a catastrophic event occurs, such as a fire or flood.  Community Associations must first remember the risks associated w

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

When we receive cases about mineral interests, these two acts, etched in Ohio law, are the ones I see clients get most confused about. When clients visit our office regarding a mineral interest issue, it's common that they have inherited or purchased a property with mineral interests (or they believe they do or desire to have them). When the mineral interest is not looked after or not documented properly, it can be either abandoned (using the Dormant Mineral Act) or it can be