Bill of Rights?

I honestly want to understand your position. The Code of Regulations tells the Board how to run it's business. It's a private organization and not subject to Ohio's Sunshine laws. Thus the need for this document. If there is a question about its enforcement, then perhaps we need to formally vote on adopting these rules. I'd even suggest of mailing ballots to all due paying members.

Question, would things be any different if the previous board had found the document and said, ''Here are the rules the Board must adhere to'' and it was included in the turn-over documents?

What Laws Govern?

Limestone Pointe Homeowners and Board:

I am a member of the Board of Directors of Community Associations Institute
in Cincinnati. Community Associations Institute (CAI) is a national organization
dedicated to fostering vibrant, competent, harmonious community associations.
For more than 30 years, CAI has been the leader in providing education and
resources to the volunteer homeowners who govern community associations and the
professionals who support them. Our members include community association
volunteer leaders, professional managers, community management firms, and other
professionals and companies that provide products and services to associations. 
Our organization was asked by Limestone Pointe homeowner to comment on whether
or not Limestone Pointe is governed under Chapter 5311 of the Ohio Revised Code.

DISCLAIMER:  For the record, I am not an attorney, the
information that follows is intended to be used for informational purposes only
and should not be considered legal advice.  If you feel the information provided
is in error, you should consult with a qualified attorney.

Continued in next post...

By Bob LaMontagne, Director, CAI

What Laws Govern?

The question we were asked to address is: Is Limestone Pointe Homeowners Association governed by Chapter 5311 of the Ohio Revised Code?

THE BASICS
Community Associations are created for the purposes of providing a communal basis for preserving, maintaining and enhancing their homes and their community.?  Community Associations have three defining characteristics:
Membership in the Association is Mandatory and Automatic for all owners.
Certain documents bind all owners to be governed by the Community Association.
Mandatory lien-based economic charges or assessments are levied on each owner in order to operate and maintain the Association.
The documents that govern a Community Association are; The Articles of Incorporation, The Declaration of Covenants, Conditions & Restrictions (or CCRs, sometimes called a Master Deed), and the Bylaws. Together, these governing documents provide the structure within which the Board can work effectively. They will guide the Board?’s decision making and support association operations.
Articles of Incorporation initially create the Association as a corporation under state law and define the association?’s basic purposes and powers. They may specify such things as the number of directors, terms of office, and other specifics about how the board functions.

The Declaration (or Master Deed) contains the CC&Rs that regulate resident behavior. They bind all the owners to the association, establish association responsibilities, and define owners?’ rights and obligations.?  The developer records this declaration with the County before any of the real estate is transferred to any owner.?  These regulations are commonly referred to as ''running with the land'' in that they apply to the property, no matter who owns it in the future.

The Bylaws are the formally adopted governing regulations for the administration and management of your Association.?  They contain provisions concerning actual association operations, such as meetings, procedures for electing the board members and officers, the general duties of the board. Sometimes the same topics will be covered in the Declaration as well.
All of these documents exist in a hierarchy with the dominant document being the Declaration, followed by the Articles of Incorporation, the Bylaws and finally, Rules and Regulations adopted by the Board). If, for example, there is a conflict between the Bylaws and the Declaration, the Declaration would govern. Copies should have been delivered to you when you purchased your home.?  If you did not receive copies, or if you have lost your copy, the originals will be on file at the Franklin County Recorder's office.? 

Continued in next post...

By Bob LaMontagne, Director, CAI

What Laws Govern? (Part 3)

THE QUESTION
Is Limestone Pointe HOA governed under chapter 5311 or chapter 1702 of the Revised Code of Ohio?

The short answer, no. Condominiums (which ORC 5311 written for) can only be formed pursuant to Chapter 5311 of the Ohio Revised Code. Limestone Pointe was formed as a not-for-profit corporation under ORC 1702 which is a general state statute that applies to Planned Unit Developments (community associations), as well as to other types of organizations. Condominiums (which Limestone Pointe is not) are governed under both 5311 and 1702. Planned Unit Developments, or HOAs, such as Limestone Pointe are governed under 1702.

That being said, the documents that matter most from the standpoint of standard day-to-day operations are the Declarations, Articles of Incorporation and Bylaws. It is only when these documents fail to address a topic in question that you would typically turn to State Law for guidance.
If you would like to find additional information on Community Association living and governance I recommend you check out our website at: www.caiohiovalley.org.
More than a destination at the end of the day, Limestone Pointe is a place you want to call home and where you feel at home. There is a difference between living in a community and being part of that community. Being part of a community means sharing with your neighbors a common desire to promote harmony and contentment. Community Associations Institute provides a great deal of information and support to its members to help them achieve that goal (see Rights and Responsibilities for Better Communities for an example). I hope you will consider joining. It is the support of our members that allows us to do the work we do for communities.

We wish you all the best in the future.

Respectfully,

Bob LaMontagne, Director
CAI, Ohio Valley Chapter


By Bob LaMontagne, Director, CAI