What are Covenants, Conditions, and Restrictions? In Ohio, Covenants, Conditions, and Restrictions (“CC&Rs”) are known as the declaration and bylaws. The declaration is a document filed with the county that declares the deed restrictions and designates the property as a planned community. Bylaws are a document also filed with the county that provides for the …
Must an association have written election procedures? It is not a statutory requirement that an association have a written election procedure; however, it is normal for an association to have an election procedure set forth in its bylaws. Is there a legal obligation to provide notice of an election? There is a requirement for notice …
What is a transition? “Transition” refers to the process where a developer of an association turns over or “transitions” control of the Association to its owners as required by the recorded restrictions or state law. What if construction defects or problems are found prior to transition? The developer and builder remain liable for construction deficiencies, …
What is a construction defect? A construction defect is a deficiency in design or workmanship completed by the developer or builder, usually as a result of something being completed not to building code or industry standards, which is not the result of a failure to maintain by the association. When is a defect a concern …