Asked in Real Estate Law for Ohio

Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced

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3 Lawyer Answers
Taylor P Waters
Taylor P Waters
Answered
  • Columbus, OH
  • Licensed in Ohio

A: Yes, if the by-laws were recorded and include your unit.

Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

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.

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

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.

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