HOA Legislation Introduced!

The Ohio General Assembly has introduced legislation that will govern Ohio’s homeowner associations. Senate Bill 187, entitled The Ohio Planned Community Law, enjoys bi-partisan support, sponsored by Senator Seitz (R) and co-sponsored by Senator Sawyer (D). Getting this legislation passed into law is essential to preserving and protecting Ohio’s homeowner associations, and their owners, residents, and guests, far into the future.

For some time, Ohio’s condominium associations have had a state statute, the Ohio Condominium Act (O.R.C. 5311.) The Ohio Planned Community Law does not contain new law. It takes the currently existing condominium law and applies pertinent provisions to the operation of planned communities that are not condominiums. This includes important provisions such as requiring the developer to file a declaration and bylaws with the county recorder, providing that boards be elected from among the owners or spouses of the owners, allowing amendments to the declaration and bylaws with a seventy-five percent (75%) vote, requiring associations to maintain adequate reserve funding, and giving associations the statutory right to file a lien for delinquent assessments.

This bill, if passed, will provide Ohio homeowners with the consumer protections they deserve by protecting their investment through statutorily organized associations creating strong neighborhoods and communities. While the legislation does not currently include "Super Lien" language, we are working with legislators to amend the bill and insert a homeowner association "Super Lien."

Kaman & Cusimano, LLC is now reviewing the bill and as soon as our review is complete we will be posting a bill summary and a sample letter for homeowners supporting the bill to send to legislators.

To view the full text of the bill, click here: http://www.legislature.state.oh.us/bills.cfm?ID=128_SB_187

Bill Introduced to Permit Patriotic Flags

The Ohio General Assembly has introduced House Bill 289, which if passed would prohibit Ohio community associations from passing an amendment or rule banning "A service flag approved by the United States secretary of defense for display in a window of the residence of a member of the immediate family of an individual serving in the armed forces of the United States. A service flag includes a blue star banner, a gold star banner, and any other flag the secretary of defense designates as a service flag."

This prohibition would be in addition to the restriction on associations prohibiting the American flag already found in Ohio law. The intent of passing this bill follows the common sense approach to patriotic flags that Kaman & Cusimano has advised its clients to follow in the past. Even before this bill becomes law, in these times of great national pride, especially for those serving in the armed forces, associations should consider permitting such displays of patriotism. While the association may require that the display conform to some reasonable restrictions, an outright ban will lead to angry, upset owners and even significant media attention.

This legislation is sponsored by Representatives DeGeeter and Coley and Cosponsored by Representatives Book, Boose, Murray, Gardner, Evans, Harris, Uecker, Harwood, Gerberry, Letson, Adams, R., Lundy, Luckie, Stebelton, Mecklenborg, Lehner, Ujvagi, Yuko, Phillips, and Dodd. To view the full text of the bill, click here: http://www.legislature.state.oh.us/bills.cfm?ID=128_HB_289