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Condo | HOA Lawyers

Kaman & Cusimano works to get a super lien, the Ohio Community Association Preservation Act, Introduced as HB 572

In addition to spearheading the opposition to HB 371 earlier this year, Kaman & Cusimano has been working to get proactive legislation introduced that would benefit Ohio’s condominium and homeowner associations.  Specifically, Rep. John Rogers recently introduced HB 572, known as the Ohio Community Association Preservation Act, which would give Ohio’s condominium and homeowner associations priority lien status in a foreclosure case. Attorney Darcy Mehling Good first met with Rep. John Rogers last fall to solicit his support for this important piece of legislation.

Often referred to as a “super lien,” if passed, HB 572 protects the associations’ liens in a foreclosure action so to ensure the association would recover at least 6 months of assessments at the time of sheriff’s sale.  Condominium and homeowner associations in 22 other states already have this protection under their state statutes, but Ohio has yet to act.  Consequently, it is a top priority for Kaman & Cusimano to help Ohio’s condominium and homeowner associations recover money needed to maintain the property.  Attorney Good and several other attorneys from Kaman & Cusimano helped to draft the language

While the Ohio General Assembly adjourned this week for summer recess and will be busy with election campaigns this fall, the hope is that introducing the bill now will help to shore up support leading into the new 2-year legislative cycle beginning in January 2015.

To view a copy of the proposed law, please click here:  OHIO COMMUNITY PRESERVATION ACT

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