how to get residents to comply w/rules

We can't fine in this state either, although I remember hearing about a way around that. Unfortunately, I can't remember who said it or what it would entail. I do know there's case law in this state where tge ruling stated HOAs can't fine because they aren't government agencies.

Anyhow, you might not be able to fine, but you can sue yo compel enforcement. If your documents state certain community rules must be followed by all association members, you should be able to due fir their failure or refusal to comply. Association members are homeowners and the rules extend to members of their households and visitors (that should cover the people who rent out their units).

Of course that's easier said than done - there are conversations all over this website about the drama that is rule enforcement. There are no magic spells so you may need to try everything twice to see what works. And then start over when you get new owners! That said, here's one person's suggestions that seem to help (sometimes). Someo of these came from other posters on this website:

1. Make sure the homeowners know what the rules are. Start with your documents, listing citations that address various issues. Whenever you send a violation letter, those citations should be in there so people know you're not pulling it out your behind. Remind everyone they agreed to comply with community rules when they purchased their homes and became association members. The 4ules should ensure everyone lives in a clean, safe, attractive neighborhood with steady and rising property values (whatever those are- no one agrees about that 9n this website!)

If the documents give the board the authority to enact additional rules to flesh out the CCRs, quote that citation and provide an updated list of those rules, including the dates they were enacted and the most recent update. Those updates should have been approved at a board meeting via resolution - and you should be able to list the date so people can review the appropriate board meeting minutes that recorded that vote.

2. Take a homeowner poll to see what they think of rule enforcement. What do they think are the most thorny issues? Any suggestions on how to enforce them? Someone or several people may have some great ideas.

3. Issues like dog poo are also violations of city or county rules, so people could file complaints there. However, they will also need to gather evidence (time and date stamped photos are a start).

In fact, tell homeowners the board can't and will not get into dustups between individual homeowners. You should jump in if the issue results in misuse or abuse of the common areas. Otherwise, people need to act like adults and talk to each other to try and resolve their issues without cursing, threats, throwing hands or gunfire.

4. Do not accept anonymous complaints. If someone's concerned about retaliation, that's probably a police matter and board members aren't police. Complaints need 5o be as specific as possible so tge board can investigate. The homeowner doesn't need to know who complained, but 8f things escalate to legal action, the association will need witnesses to support the case.

5. Be fair and consistent. Having a separate rules enforcement committee to review complaints can be useful, but the final decision should rest with the board. Committee members and board members are expected to recuse themselves if there's a perceived or actual conflict of interest.

6. Arbitration can be a good way to settle disputes. I prefer settings where both sides agree in advance to comply with the decision and split tge costs, with the winner reimbursing the winner. If someone loses zbd still refuses to straighten up, the proceedings can be used in court as evidence.

7. Finally, be reasonable. HOA rules shouldnt dictate EVERYTHING - that takes too much time and resources to enforce anyway. Nor are they the 10 commandments - a periodic review of what needs to be added, subtracted or adjusted is a good thing.

Hi MarkF!

Check out: https://codes.ohio.gov/ohio-revised-code/section-5311.081

The relevant quote:
"...the unit owners association, through the board of directors, may exercise all powers of the association, including the power to do the following:
...impose reasonable enforcement assessments for violations of the declaration, the bylaws, and the rules of the unit owners association,"

My comment is that lawyers, like all other professions, come in a wide range from excellent to incompetent. Agree with DeanJ, you should shop around.

Here in Massachusetts, we have some firms who specialize in only condo law, and for routine matters like enforcement and collections, these firms are very fast and efficient. Try looking for the Ohio equivalent.

I don’t know what section you read, but you grossly misinterpreted Ohio law. There is no requirement for the declaration to state it is subject the condo to the law in Ohio to enforce regulations.

Strike the above. I see what DeanJ was trying to say.

DeanJ, see Ohio Code statute sections 5311.02 and 5311.01, under the definition of "condominium." Nationwide many states have such provisions requiring that the Declaration expressly subject the association to the state's condo statute for the statute to apply to the condominium.

TY for all the replies!
Yea, I figured this topic had been covered previously; I did a quick search; didnt find anything. My search wasnt very good.
I will start by going thru my condo's documents to see if they reference codes, as suggested above.
I will suggest to my fellow board members they join this community, if for no other reason they can read this thread.

I think these are excellent. And my HOA ignores each and every one of them.

Bill

DeanJ, you did not read the statute sections I cited.