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answered on Mar 20, 2023
The HOA Declaration recorded in the county record controls the operation and obligations of the land that it covers. You will have to retain a local real estate attorney to review that document, any amendments, and subsequent HOA activities to answer those questions. This on-line service cannot... Read more »
those articles? The HOA existence was canceled with Articles of Incorporation however, the existence of the HOA was recently reinstated by the state, does that automatically reinstate the articles of incorporation?
answered on Mar 16, 2023
Cancellation by the Ohio Secretary of State does not terminate the existence of an entity. Termination is done only as provided in Ohio law. The Articles remain in effect as filed with the Ohio Secretary of State until they are changed as provided by law by those who have the authority to change... Read more »
Developer created a HOA when building neighborhood. He created a non profit corporation via secretary of state and filed declaration of restrictions with county recorders office. According to the restrictions it states management and voting control concerning all issues regarding association... Read more »
answered on Mar 16, 2023
It's less about paperwork and more about use. If no one is actually utilizing the HOA, then a strong argument can be made that the restrictions and provisions of the HOA no longer apply.
answered on Mar 7, 2023
I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... Read more »
We pay a monthly association fee but we have never been charged a "cleaning fee" for our clubhouse. We did not pre-authorize the cleaning but the fee was still assessed. To me, this does not seem to be a legal debt. Am I correct?
answered on Feb 27, 2023
The board of directors of the condominium association can change the amount of the monthly fee and impose new fees as permitted by the Declaration of Condominium recorded in the county real estate records. Review the declaration to determine if the board was acting properly, which it probably was.... Read more »
Closing document did not credit new owner with taxes that should have been paid by previous owner. The amount involved (approx. 4 months) is not large but if punitive or other damages can be claimed it may be worthwhile to move forward. Property is located in Clermont County Ohio. There are other... Read more »
answered on Feb 27, 2023
No punitive damages. Real estate taxes are a matter of public record, and a buyer is deemed to have notice of them, and a seller is not required to disclose them to a buyer. If there were errors or omissions on the settlement statement, contact the title agency that conducted the closing to get... Read more »
all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our... Read more »
answered on Feb 27, 2023
The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local... Read more »
2003. We are a self managed HOA having 19 homes and for 19 years maintained the common area, provided yearly financial reports, filed our taxes, collected all dues every year, paid all expenses, kept yearly due amounts the same for over 5 years, communicated to homeowners on issues, even filed a... Read more »
answered on Feb 24, 2023
The HOA should have been incorporated as a non-profit corporation with the Ohio Secretary of State to implement the HOA covenants recorded in the real estate records. Without that, the HOA has been operating as an "unincorporated nonprofit association," which still has legal status as a... Read more »
My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... Read more »
answered on Feb 21, 2023
Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... Read more »
Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?
answered on Feb 15, 2023
The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.
answered on Feb 9, 2023
Legally? Yes. Practically? That is a recipe for disaster. Highly recommend hiring a local property manager.
The grantee had no knowledge that an inter vivos gift (by quit claim deed) was made and recorded by his sibling to him.
answered on Feb 8, 2023
If there is no environmental problem, title problem, lien, or other issue attached to the property and also possibly affecting the owner, the owner could just quit claim it back. But if the person whose name is now on record as owner wants that totally removed, it would require a Quiet Title... Read more »
Our HOA filed the Initial Articles of Incorporation with the Ohio Secretary of State but, I recently found out the Articles were canceled in 2010 as a Notice of Continued Existence was never filed. From what I gather, this is required to be filed every 5 years. Since 2010, I have paid my HOA dues.... Read more »
answered on Feb 8, 2023
The HOA still exists as an Ohio non-profit corporation unless it was cancelled by the Ohio Secretary of State. Failing to file the Notice of Continued Existence does not officially terminate it, and does not stop the obligation of homeowners to pay HOA assessments and dues. And even if cancelled,... Read more »
Renter is 3months late. Trying to evict
answered on Feb 6, 2023
You obviously need to hire an OH attorney to regain possession from the tenant.
They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it?
answered on Feb 6, 2023
If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns.
I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?
answered on Feb 2, 2023
The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... Read more »
Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... Read more »
answered on Jan 27, 2023
He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.
J
answered on Jan 17, 2023
If you are getting a divorce, the house is marital property no matter whose names are on the deed, loan, or mortgage.
Your spouse has an interest in the home, even if she paid nothing, and that interest will be divided in the divorce. Use the Find a Lawyer tab to retain a local attorney... Read more »
My father and mother purchased land in 1963 to build their home and the deed transferred to my mother in 2002 at my fathers death. There is a certificate of transfer on file but there is no volume and page number which the form requires. Can I reference the deed from 1963 that has a volume and page... Read more »
answered on Jan 17, 2023
If the certificate of transfer was recorded in the county recorder's office, the book/page recording reference will be in their on-line records or in their records. If it was not recorded, it must be recorded now. To be sure your TOD affidavit will be valid, use the Find a Lawyer tab to... Read more »
My ex-fiancée put zero money into purchasing the home. I sold my house and my credit got this currently. She has only paid half mortgage. Nothing else. No house bills, nothing. I only put her on the deed because we were going to marry. Turns out she used me to leave her parents house and had no... Read more »
answered on Jan 6, 2023
Once a person is added to the deed to a home, they have to agree to any transfer to remove their name. Without a written agreement with her in which she agreed to pay her share, you can't force her to pay anything on the mortgage or any other bills. You can offer her some amount of money to... Read more »
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