As a board member, you are put in the difficult position of forcing compliance with the covenants and restrictions of your association. It is not always easy to enforce rules against your neighbors, and Ohio law requires each association to strictly comply with enforcement procedures according to the statute. Our legal team will ensure that your association and management don’t have to worry about whether all the necessary protocols have been followed. Let us handle it all for you. Did you know that under Ohio law, the association can recover attorneys’ fees from the owner when the owner fails to comply with the covenants or rules and regulations?
For most associations, unless otherwise provided in the declaration or bylaws, to enforce a violation of a restrictive covenant or rule, and impose an enforcement assessment/fine, the board must send a notice with the following:
- Description of the violation
- A reasonable time to cure the violation (if the violation can be cured)
- The amount of the proposed enforcement assessment/fine
- Statement that the owner has a right to a hearing in front of the board to contest the proposed enforcement action
- Statement that the owner has 10 days from the receipt of the letter to request a hearing
- Procedure for requesting a hearing
Our team has experience handling enforcement for associations for a variety of issues, including, but not limited to: removing nuisance animals from the association, dispossessing problem owners of their units, harassment directed against the board, management, or other owners, forcing compliance with architectural review restrictions, noise abatement, hoarding, trespassing, and other nuisance abatements.
From the analysis of the initial complaints from other owners to enforcement hearings, disputing claims of selective enforcement, and even litigation to force compliance, we are here for you, your Board, and your Association every step of the way!
Our experienced team of attorneys and legal staff, and in-house title company are here to help you achieve your goals and offer guidance as your board faces the many challenges of operating an association. Contact us to discuss how we can help you.