Enforcement Notices: Strict Compliance Required

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 activities such as assaults, explicit discrimination, and destruction of property do not warrant friendly notices and immediate legal action should be taken.   These friendly reminders can only be used as an initial notice, and not as a formal notice before fining, unless they comply with the following requirements.   REQUIREMENT #1: WRITTEN NOTICE Unless otherwise provided in the Declaration or Bylaws for the Association, the Board is required to send a notice with the following information:  

1. A description of the violation;

2. A reasonable time to cure the violation (if curable);

3. The amount of the proposed enforcement assessment, and frequency, if applicable;

4. A statement that the owner has a right to a hearing if requested within 10 days of receipt of the notice; and

5. Instructions on how to request a hearing in front of the Board.

REQUIREMENT #2: HEARING RIGHTS AND NOTICE

If the owner timely requests a hearing, then the Board must notify the owner at least seven (7) days in advance of such hearing of the date, time, and location of said hearing.  The Board sets the time/date for the hearing, and does not need consent from the owner for the hearing date/time.   However, if an owner presents a reasonable request for a rescheduling (i.e. out of town, in the hospital, etc.,), the Board can voluntarily choose to reschedule the hearing.  We would advise against unreasonable requests (i.e. need extra 30 or 60 days due to lack of availability).   At the end of the day—reasonableness is the key to both the enforcement action and the hearing itself.  

REQUIREMENT #3: WRITTEN NOTICE OF DECISION

Once the hearing is held, the Association’s Board must provide a written decision to the owner within 30 days of the hearing being held.  

ALL REQUIREMENTS MUST BE MET

It is VERY important to ensure that each requirement is met, otherwise, if they are not, a Court will likely refuse to grant the Association a judgment for the enforcement assessments, and will not grant a judgment to the Association for attorney fees incurred in attempting to procure judgment for the enforcement assessments.   Lindsey Wrubel Ohio State Bar Association Certified Residential Real Estate Specialists EQUES Law Group