As we informed you in the last edition of our newsletter, Governor Ted Strickland signed the Ohio Planned Community Act into law. The Act became effective on September 10, 2010 and applies to all community associations in Ohio except condominiums. So for any homeowners association, this new statute will apply to your association.
Over the next few newsletters, we will highlight specific portions of the Act that will have the greatest effect on your community. For an in-depth look at the Act as a whole, please make your reservations to attend our Fall Seminar at which we will be taking a closer look at both at board liability and the new Act (see page 2 for more details).
The most important aspects of the new Act that all Associations must be aware of are the applicability of the statute’s provisions to your Association, and what the statute requires to enable you to enforce your governing documents.
First and foremost, it is important to understand that this new Act is a tool for Associations to aid in the administration of their Association and in the enforcement of your governing documents. If the Act and a provision of your Declaration and Code of Regulations/Bylaws conflict, your governing document provision will apply. However, if the Association’s documents are silent on a particular issue, then the Act’s provisions will apply.
Equally important for all Associations to understand is that the Act requires that your governing documents be recorded with the County Recorder in order for you to enforce them. This includes your Code of Regulations or Bylaws. Therefore, Associations will be required to record these documents if they were not previously recorded within 180 days of September 10, 2010. We will need an original, signed copy of these documents to record them. However, if your Association cannot locate an original, we can work with you to get the appropriate documents together to enable recording of your Code or Bylaws.
1300 E 9th St, Suite 1520
Cleveland, OH 44114
Ph: 216-771-2600
Fx: 216-830-8939
