Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced
A: Yes, it probably can be enforced. But if it has not been enforced against prior owners, a court might decline to enforce it now against you. Courts don't like these restrictions, especially if not equally applied. So use the Find a Lawyer tab to retain a local attorney to review the declaration, by-laws, and past actions of the association, and advise you of your options.
A:
Rights of first refusal are enforceable in Ohio. The important portion of the right of first refusal from your perspective is whether the price is somehow fixed in the agreement. Otherwise, you would simply find an interested purchaser and enter into a contract contingent upon the HOA not exercising it right of first refusal.
The HOA should have a limited period of time to exercise its rights. if the HOA exercises its rights you receive your payment from the HOA. If it does not exercise its right of first refusal, then you close on the agreement with the purchaser.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
