Many legislatures throughout the Country have been busy introducing legislation that impacts community associations. While Ohio’s legislature has not, at this time, introduced legislation that directly impacts Ohio condominium and homeowner associations, the Community Association Institute’s Ohio Legislative Action Committee, currently chaired by Kaman & Cusimano, LLC attorney, Darcy Mehling Good, continues to look for […]
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Facts: An owner within an associations had a tax foreclosure filed against her due to her failure to pay county taxes. The owner likewise owed the association for maintenance fees and assessments. Kaman & Cusimano successfully negotiated a settlement with the owner for delinquent maintenance fees and legal fees in the amount of $15,000 with
Facts: Owners within an association installed a swing set and trees without association approval and encroached upon the common elements. Kaman & Cusimano successfully negotiated a settlement whereby the owners removed all encroachments, restored the area to its original condition, and reimbursed the association $1,762.50 in legal fees.
The tenants of a commercial unit were creating excessive noise and nuisances. The association sued the developer-owner of the unit and demanded the removal of the tenants from the property. Kaman & Cusimano successfully negotiated an agreement where the developer-owner would not renew the lease agreement with the tenants and agreed to pursue an eviction
Facts: Owners within an association were making unapproved modifications to their home that resulted in water infiltration and ice damage to other homes. Kaman & Cusimano obtained a restraining order to have the owners cease any modifications until the proper association approval and city permits were obtained. The parties negotiated a settlement of legal fees
Facts: Owners within an association were leasing their home. Prior to the filing of the lawsuit, the owners indicated they would transfer the title of the home to their corporation and allow the tenant, who was an employee, to reside in the home as an agent of the corporation. The owners failed to transfer the
Ohio requires that condominium and homeowner association boards adopt an annual budget to build sufficient reserves to repair and replace major capital items, in the normal course of operations, without the necessity of special assessments. While those laws generally apply to capital items, such as roofs, roads, and recreational facilities, often communities also face shortfalls
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As community associations hold their 2013 annual meetings, many share a common challenge: obtaining a quorum to conduct business. A quorum is the number of owners present, in person or by proxy, that is required to be present to transact business, including conducting an election. Often, an association’s governing documents require that a majority of
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In these difficult and challenging financial times, several community association boards have inquired about the proper procedure to eliminate an association amenity, such as a swimming pool, playground, or tennis court. In general, pressing financial issues may permit a board to close a pool for a season or two; however, if a board desires to permanently eliminate
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Hopefully, an owner within your association will never have the misfortune to be a victim of a burglary. Burglaries not only result in damage to the home, but more importantly, result in the loss of peace of mind. Criminals everywhere look forward to summer-time because during the time an owner is basking in the sun
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