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Author: Jordan Stoltzfus

EQUES Law Group > Articles posted by Jordan Stoltzfus

HOA Board Alert

June 2022 Amendments to Planned Community Act   On June 14, 2022, Governor DeWine signed into law Senate Bill 61, which included several amendments to the Ohio Planned Community Act (R.C. 5312). This law generally covers homeowners associations that are not designated as condominium units.  These laws are effective on September 11, 2022.  If your Board has any questions about any new rights or responsibilities under the amendments, please do not hesitate to contact our office. The amendments are summarized as follows:   Electronic Notices (5312.02(B)(8) & 5312.11(C)): Instead of mailing all notices, the Association can now send these notices required by the governing documents, including annual...

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Ohio Equine Sign Posting & Contract Language Requirements

Most states, including Ohio, have passed Equine Activity Liability Laws to protect equine professionals. These laws were created to encourage equine-related activities by giving the equine industry strong defenses against liability in the legal system. The Ohio Equine Immunity Statute (ORC Ann. 2305.321) provides that an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person is not liable in damages in a tort or other civil action for harm that an equine activity participant allegedly sustains during an equine activity. This statute is a result of the legislature recognizing equine activities pose an inherent risk. This protection...

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I started a LLC – Now What?

Limited Liability Corporations, or “LLC’s” have become a top business choice for entrepreneurs, real estate investors, and small business owners. They are simple to set up and relatively straightforward to run. Ohio has seen a great increase in businesses being set up in recent years, particularly LLCs. As of March 17th, over 31,000 new businesses were created in 2022 thus far (see this article from the Ohio Secretary of State). Our office regularly assists those interested in setting up an LLC of their own. Other than the obvious use of using an LLC to run a business, LLC’s are also...

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EQUINE ACTIVITY LIABILITY EXCEPTIONS

Equine Activity Liability Laws provide Protection for Equine Professionals, however, there are exceptions you should know:   Most states, including Ohio, have passed Equine Activity Liability Laws. These laws were created to encourage equine-related activities by giving the equine industry strong defenses against liability in litigation and the legal system.  One of the major components of most of these laws is recognizing that equine activities are inherently dangerous. The laws are important to educate the public and make sure before they participate in horse-related activities, they understand there are significant “inherent risks”. These laws were meant to protect an “equine activity...

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What Is Equine Law?

Horse and rider profile

“Equine” means a horse, pony, mule, donkey, zebra, or alpaca. Equine law covers activities dealing with an equine, the equine’s welfare, equestrian sports, and recreational use of equines, riders, and rider safety. People often also ask, “is there a lot of work in that area of law?” The horse industry is a multi-billion-dollar industry. It impacts the American economy more than motion picture services, railroad transportation, and the cigarette industry. As of 2022, there are an estimated 2 million horse owners in the United States and a total of more than 7 million Americans involved in the industry as owners,...

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The Rule of Rings

Engagement Ring

“But it was a gift!” The newly unengaged woman called asking whether the engagement ring, freely given to her by her now-ex-fiancé, was hers to keep. I was the bearer of bad news: the ring had to be returned. Engagement rings, a symbol of the promise of a lifetime of unconditional love, can become hotly contested items if that promise is broken. Gifts are generally irrevocable – one cannot simply take back a gift. However, conditional gifts are things given based upon a promise or event happening, similar to a contract. These are quite common in the world of churches, charities, and...

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Do I Need a Trust or a Will?

It’s advisable for everyone to have a Last Will and Testament (referred to herein as a “Will”). Most people are familiar with Wills and know that they should have them. Something that is a little more foreign is the concept of a Trust. For purposes of this informational blog, I’m going to refer to what we call a revocable living trust. But how do you know if you need a Trust, rather than just a Will?   For starters, this is a personal decision, which you, of course, have the authority to decide. However, these are some of the factors that I...

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