Latest Legal Insights

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

As a business owner, it's crucial to stay informed about changes in labor and employment laws. Recent updates to overtime regulations may significantly impact how you classify and compensate your employees. On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees”, which took effect July 1, 2024. This rule modified regulations issued

As a business owner, staying updated with regulatory changes is crucial for maintaining compliance and avoiding potential legal pitfalls. One of the latest developments you should be aware of is the Department of Labor’s (DOL) new rule on classifying independent contractors. This rule has significant implications for how you classify and manage your workforce. This article provides a general overview on the new rule regarding classifying independent contractors.   What is a

**UPDATE** We want to bring your attention to a significant update regarding the FTC’s proposed Non-Compete Rule. On August 20th, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule, which was set to take effect on September 4th. What This Means for Employers: You are no longer required to comply with the proposed rule. There’s no need to send the notices to employees that

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

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

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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