Enforcement process

Enforcement Process Key Reminders

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 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 process as outlined in the Association’s governing documents. These violations tend to increase when the warm weather reappears in the State and residents begin using outdoor space more.

 

To persuade owners to comply with the governing documents and Ohio statutory laws, Board of Directors may utilize the enforcement process to gain compliance.  

 

For Condominium Associations, R.C. 5311.081(C) determines the process for enforcement procedures. For Ohio Planned Communities, or Homeowners Associations (HOA), R.C. 5312.11(C) and (D) determines the process for enforcement procedures.

 

Prior to imposing a charge for an enforcement assessment, a Condominium Association or Homeowners Association Board must give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following:

(a) A description of the property damage or violation;

(b) The amount of the proposed charge or assessment;

(c) A statement that the owner has a right to a hearing before the Board to contest the proposed charge or assessment;

(d) A statement setting forth the procedures to request a hearing; and,

(e) A reasonable date by which the unit owner must cure the violation to avoid the proposed assessment.

After receiving notice, an owner may request a hearing. The owner must deliver a written notice to the Board no later than the tenth day after receiving the notice.

 

If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the Board may immediately impose a charge for damages or an enforcement assessment.

 

If a hearing is requested, then the Board must not levy a charge or assessment before holding a hearing. Thereafter, the Board, at least seven days prior to the hearing, must provide the owner with a written notice that includes the date, time, and location of the hearing.

 

Within thirty days following a hearing at which the Board imposes a charge or assessment, the association must deliver a written notice of the assessment to the owner. It is important to note that the Board may also allow a reasonable time to cure a violation before imposing a charge or assessment.

Should you or your Association have any additional questions on your enforcement process and procedures, please feel free to contact the legal team at EQUES® Law Group.

 

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