Latest Legal Insights

Safeguarding Your Business: The Crucial Need for Clear Strategic and Operational Instructions in Times of Unavailability or Crisis By: Chris White   Recently I had outpatient surgery. Short as my visit to the hospital would be, they would have to put me under general anesthesia. In the week leading up to the surgery, I realized that, as the sole owner of several companies, I had not left anyone with specific instructions on what to do if I was "unavailable" for an extended

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

For most associations that run a fiscal year from January 1 to December 31, Fall is generally the time that the Board and management team will work together to compile the budget for the following year.   While the exact timing of the final budget is dictated by the Association’s Declaration and Bylaws/Code of Regulations, many associations are required to estimate the budget by December 1, give their owners notice of the budget adopted by the Board by December 15, and the

As lawyers representing community associations, we are often asked about whose job it is to fix/replace/pay for this-or-that building/tree/lightbulb. The answer is not always clear, but the questions usually stop when we say: it’s the owner’s responsibility or it’s the association’s.   Recently, though, we had an unusual follow-up question from one of our condos: Even if it’s the owner’s job to fix/pay, can the association decide to take on the work and costs instead?   I

Picture this: you are sitting on your front porch overlooking your 200-acre farm on a warm June evening.  The cotton-candy sky is beautiful, the kids are playing in the yard, and the lightning bugs are starting to speckle the field in front of you.  What is on your mind – layered cake?  A bundle of sticks?  Probably not, but you may be surprised to hear you are sitting on both!   Right this minute, you are sitting on a layered cake, and if you have rented or owned property,

Thousands of Community Associations exist throughout the State of Ohio. These 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 Association’s governing documents may negatively impact the Association or other owners’ property, directly or indirectly. Such a violation may also trigger the formal enforcement pro

"Hey! I sent in my delinquent payment a week ago. Why is there a lien on my property?"            When situations like this arise within an association, it is imperative that self-managed associations and management companies prepare and provide a delinquency report every month to the attorneys. The purpose of these reports is so the attorneys can stay on top of ongoing collection and litigation matters. Your attorneys will also review the report for any new offenders. If the

Technology is great until sometimes it isn’t! Our HOA legal team has worked with three different legal case management software systems, and none worked well for the Condominium and HOA practice. Those case management software systems do not cater well to multiple open files for a single community association, and the billing and interface are not ideal for your property management companies. Accordingly, after two years of reviewing different HOA legal and collection softw

Happy June, folks. Pollen is in the air, summer vacations are on the horizon—and there are rainbows, rainbows, everywhere. In honor of Pride Month, let's take a look at how fair housing laws apply to condominiums (condos) and homeowners associations (HOAs)—specifically regarding members of the LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, etc.) community. FAIR HOUSING AND COMMUNITY ASSOCIATIONS Condos and HOAs are not “housing providers” in a literal sense like landlords or

“What information do you need from us to write our wills?” is the most common question we get regarding preparing a will. While every family situation is different, following is a good list of information for a will consultation with your family lawyer:

By now, you learned about agritourism, and the basic concepts to qualify ( Part 1 ), we discussed several examples and how agritourism can benefit your business ( Part 2 ), and I explored eight unique ways that agritourism protects you from particular legal concerns ( Part 3 ). You did your research, you made your plans, and you are ready to get started on your new idea – now what? Step One: Forming Your Idea Maybe converting your farm to an agritourism business has been on y

Over the last two articles, I have discussed what agritourism is , what some of the rules surrounding it are, and how it can benefit you . In this article, I will explore the legal and tax protections that agritourism offers. Keeping and Expanding Your Tax Benefits Ben Franklin once said that death and taxes are the only two unavoidable aspects of life, and he was not wrong. While agritourism will not prevent your farm from having to pay taxes, it allows your business to qual

As discussed in  Part One , agritourism is a rapidly spreading form of agricultural entrepreneurship, allowing farmers and ranchers to expand their income while creating opportunities for the public to learn and gain first-hand experience. While you may have a picture of what you expect from agritourism , probably a Christmas tree farm or a pick-your-own orchard, there are hundreds of possible paths for your specific business and many ways to benefit you; this article will di

Driving through the hills of Licking County, you will encounter numerous agritourism businesses. From an Orchard in Utica to a Tree Farm in Alexandria to a Fruit Farm in Pataskala, your neighbors have discovered the advantage of catering to tourists from Columbus and transforming their property into pick-your-own orchards, corn mazes, and wedding venues. What is Agritourism? Agritourism is a rapidly spreading form of agricultural business ownership. Instead of using your fa

In honor of National Small Business Week, our Marketing Manager asked if I could write an article about helping a new business start. With so many business basics available in articles, Google, or the latest version of Chat GPT, I wanted to write about more than just a step-by-step legal guide to starting a business. With that idea in mind, I am providing a few of the primary aspects of starting a business while also reviewing some of the skills I believe are important for en

“I don’t know.”   How often do you hear an attorney utter those words? When you see attorneys on TV and in movies, you rarely hear it. Yet, the reality is, knowing what we know, and knowing what we don’t know, is one of the most important parts of advising our client. Without knowing what we don’t know, an attorney will walk their client into disaster.   Over my career, I’ve encountered many times when I don’t know something. Sometimes, I need to do some research or ask f

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