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 …
Accounting Julie Jaram, MBADevin & Associates, Inc.24700 Center Ridge Road, Suite 215Westlake, OH 44145(440) 892-3340jjaram@devinandco.comwww.devinandco.com Banking Thomas Engblom, Ph.D, CMCA, AMS, PCAM, ARM, CPM Vice President Regional Account Executive MidwestCIT Group Inc.(312) 209-2623thomas.engblom@cit.comwww.cit.com Insurance Joel Davis, CPCU, CIC, CIRMSCommunity Association Underwriters of America (CAU)2300 North Barrington Road, Suite 400Hoffman Estates, IL 60169(847) 278-8810jdavis@cauinsure.comwww.cauinsure.com Legal Jeffrey …
What are the steps and options for contacting and collecting on delinquent assessments? Community associations have significant weapons to collect delinquent assessments, including filing liens, obtaining money judgments, and initiating foreclosure. How does a board determine if an account is likely to be collectible? All owners are assumed collectable unless they have declared Chapter …
Should associations keep records? If so, what records should they keep? Ohio requires that association records be available for inspection, and so associations must retain their records. These include their governing documents, insurance documents, legal documents, tax records, financial and accounting records, meeting minutes, employee benefit records, contracts, and warranties. What records are associations required …
What is a common-sense approach to staying in compliance with the Fair Housing Act? Association boards must always be careful to not discriminate based on the protected classes. In addition, compliance with the Fair Housing Act in most instances requires a careful examination of a given set of facts and circumstances. A common sense approach …