Akron, OH asked in Real Estate Law for Ohio

Q: We have an HOA that has been dormant for 20 years they only have mins since 2015 can they enforce anything before that?

We have had a pool up since 2007, it is against the bilaws but the HOA uses the city to enforce all of its laws, they called the city we were told to put a fence up which we did and heard nothing again until we changed from a round pool to a rectangle pool in 2015. There are no minutes on the books prior to 2015. What happened was the new president moved in and owned a property management company and put his company in charge and started enforcing laws.

There is a current lawsuit, the attorney we currently have does not think we can win and they currently have $14,000.00 in legal fees! We don’t have a ton of money to fight this.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: The HOA can file a lawsuit against you to try to enforce the HOA rules. Since you have had a pool for so long, it is unlikely a court would enforce against you now, but it could. If the HOA files legal action against you, use the Find a Lawyer tab to hire a local real estate attorney to review the HOA documents recorded in the real estate records and advise you.

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