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GeorgeJ3 (Ohio)
Posts: 2
Posted:
Is there a section of Ohio Law that requires a developer to transfer management and ownership to a hoa, or condo association either after some years or when a number of units are sold?
MarkM31 (Washington)
Posts: 556
Posted:
Is it not in the CC&Rs?
GeorgeJ3 (Ohio)
Posts: 2
Posted:
I'm not familiar with the CC&R's, what is that?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
They are the Convenants and Restrictions of your property. They are public documents and available at your local court house. The information you need will be in your By-laws, CC&R's, and Article of Incorporation. The 3 documents every HOA member should have.

Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
Generally, there are two sets of governing documents for an HOA:
1) HOA Corporate by-laws - the rules the corporation runs under.
2) CCRs - also known as deed restrictions or possibly some other name. This is essentially a contract attached to the deed of each property in the HOA. This document should be recorded with your deed at the county or city office where deed records are kept.
If you don't have these already, you need to get them, read them, and understand them. They will cover all sorts of subjects regarding the operation of your HOA, such as how elections are conducted, when turnover should occur, and what architectural rules homeowners must follow.

Escaped former treasurer and director of a self managed association.
GlenL (Ohio)
Posts: 5,491
Posted:
George the Ohio Condo statutes can be found here: http://codes.ohio.gov/orc/5311
The HOA statutes may be found here: http://codes.ohio.gov/orc/5312

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GeorgeJ3 on 07/15/2015 7:38 AM
I'm not familiar with the CC&R's, what is that?

Declaration of Covenants, Conditions and Restrictions

Also known as:

Deed Restrictions
Covenants
the Declaration
Master Deed
Equitable Servitudes

There are probably others.

From a developments website:

Basically the CC&Rs (Covenants, Conditions and Restrictions) are deed restrictions that are contractual limitations of your rights as a property owner. Originated by the initial developer, these restrictions were placed on your property deed, recorded with the County, and made a condition of the purchase of your lot.

When you purchased your property, along with a myriad of other forms and documents, you likely signed a contract or document stating that you are aware that the property has deed restrictions or is within an HOA/COA.

Since these restrictions are attached to the property, they are automatically passed along to any subsequent owner(s). In other words, the CC&Rs "run with the land."

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