Wednesday, June 23, 2010

Do Away With Community Directory

As society has changed, Ohio’s community associations have also been forced to change. One previously positive act of the association, which unfortunately has now become a negative, is the publishing of a community directory.

In the good old days now gone by, many communities would publish a directory listing the names, addresses and phone numbers of all residents within the association. Some associations went so far as to even list the names, and sometimes the ages, of children residing in the community. The directory was used to get to know ones neighbors and facilitated “over the fence” neighbor to neighbor discussion.

In recent times community association directories have switched from a positive impact to a negative impact. Criminals have used directories to determine who lives alone and/or which residences are occupied only by a female resident. Instead of calling neighbors, some residents have taken to calling all association members for solicitation of sales of items such as cosmetics, tools, baskets, and candles. Instead of mailing holiday cards, some residents have taken to mailing all association members for solicitation of charitable donations or to obtain real estate listings. Email addresses have been grouped and used to make anonymous disparaging comments about management and/or the board. One member of a 260 home complex even duplicated and attempted to sell the directory to local contractors even though the directory advertised itself as “not being available to anyone outside the community.”

A well-intentioned board does not want to learn that its directory was tied to a break-in or worse type of crime. Boards should recognize the potential liability and/or the potential for a significant negative impact of publishing a directory. At a minimum, provide an “op-out” provision permitting residents to choose whether or not to be included in a directory. A community association board has many duties. It does NOT have a duty to publish a community association directory. A wise board would STOP.

Thursday, June 10, 2010

Governor Signs HOA Bill Into Law!

Great News! Today, Governor Strickland signed the Ohio Planned Community Act into law, which will become effective in 90 days. The Act, which established Ohio Revised Code Chapter 5312, provides for the statutory framework of the governance and operation of Ohio’s community associations. Similar to the statute enacted for condominiums, Ohio’s community association owners now will enjoy significant consumer protections designed at preserving their communities and property values.

Kaman & Cusimano, LLC “Service Option” clients and property managers will soon be receiving a detailed Kaman Report newsletter on the new law.

In the meantime, to see a complete copy of the Act, please visit: http://www.legislature.state.oh.us/bills.cfm?ID=128_SB_187

Thursday, June 03, 2010

Ohio Planned Community Act Passed by House!

This morning, the Ohio House of Representatives voted 95-1 in favor of the Ohio Planned Community Act. In the next few weeks, the Senate should vote to concur with the House's bill, and then it will be sent to Governor Strickland for his signature. A very big Thank You to all of Ohio's community association board members and property managers who urged the general assembly to pass this important bill.

This landmark legislation will give
Ohio's homeowner associations a statutory foundation, similar to Ohio's condominiums. The Act will provide Ohio homeowners with the consumer protections they deserve by protecting their investment through statutorily organized associations creating strong neighborhoods and communities. This includes the ability to amend a declaration, require annual elections, inspect the association's records, and to handle rule enforcement issues in-house to avoid litigation. Stay tuned to www.ohiohoalaw.com for more information and updates as they become available.


Kaman & Cusimano, LLC will soon be distributing to all managers and HOA boards a special edition Kaman Report detailing the new law and its impact.