Latest Legal Insights

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

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