Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

HOA Construction Project Do’s and Don’ts

Client Alert

Good fences can make good neighbors…

But they can also cause headaches, heartaches, and hay when you don’t get permission for your homeowners association (HOA). There have been countless disputes, arguments, and lawsuits over even the fanciest, nicest new fences. Local regulators can approve, but if a resident contacts their HOA Board there may be trouble. Fences, yard alterations, and backyard decks do not have to be such a hassle and a point of conflict. The following Do’s and Don’ts could help HOA residents avoid issues:

Do attend your HOA Board meetings…

  • To get to know board members
  • To keep up with HOA news and
  • To gather information on renovation and remodeling projects

Don’t start a small, medium, or large construction project without checking in with your HOA Board…

  • Many conflicts occur because HOA Board members are not properly notified in advance
  • HOAs often accept simply building plans and estimates to begin the review process
  • HOA Boards have to approve your project, even if the local Building Department already approved it

Do obtain a copy of your HOA Declarations and Bylaws…

  • The Declarations will help you understand the review process
  • The Bylaws can provide details on fines and other penalties
  • The Declarations and/or Bylaws regulate the election of HOA Board members

Don’t expect to do it now and ask for forgiveness later…

  • HOA Boards are on the lookout for new fencing, new construction, and other alterations
  • Your neighbors are on the lookout for new fencing, new construction, and other alterations
  • Your neighbors’ pets, family members, and visitors are on the lookout for new fencing, new construction, and other alterations

Do be a good neighbor…

  • If you notice a new construction project in the HOA, check in with your neighbor first
  • If you want more information on the project, check with the HOA Board
  • If you do not like the planned project, remember that homeowners have the right to make changes that are approved by the HOA and local regulators

Don’t ignore notices…

  • If you receive a violation notice from the HOA Board, contact the Board for more information. Do not ignore the notice.
  • If you receive a violation notice from local regulators, contact the Housing or Building Department to gather more information. Do not ignore the notice.
  • If you receive a court notice related to a lawsuit, strongly consider contacting an attorney. Do not ignore the notice. There are extremely important time limits/deadlines related to answering the lawsuit.

BMD Litigation Partner Scott Heasley has assisted numerous homeowners litigate disputes with their HOAs; border disputes with their neighbors; and nuisance issues related to harassing behavior, light pollution, and adverse possession (the taking of property after long-term use). Scott Heasley can be reached at rsheasley@bmdllc.com or 216.428.4718.


Ohio Recovery Housing Overhaul: New Standards and Certification Requirements Reshape Sober Living Spaces

Ensuring Fair Access: SB 269 Protects Affordable Medication for Low-Income Patients

SB 269, introduced on December 19, 2023, will ensure that 340B covered entities, including Federally Qualified Health Centers, Ryan White Clinics, disproportionate share hospitals, and Title X clinics, can acquire 340B drugs without facing undue restrictions or discriminatory practices from drug manufacturers and distributors. This protection is crucial for 340B covered entities to continue to provide affordable medications and comprehensive services to low-income patients.

Unveiling Ohio's Pharmacy Board Updates for Distributors, Mobile Clinics, and Controlled Substances

The Ohio Board of Pharmacy will hold a public hearing on May 28, 2024, to discuss several proposed changes and additions to Ohio Administrative Code (OAC). These changes pertain to terminal distributors of dangerous drugs (TDDDs), mobile clinics or medication units, and the classification of controlled substances.

House Bill 249: Key Updates to Involuntary Hospitalization Law for Mental Health Providers

House Bill 249 (HB 249) proposes changes to Ohio Revised Code (ORC) Sections 5122.01 and 5122.10 to expand the conditions under which a person with a mental illness can be involuntarily hospitalized.

Starting an Advanced Practice Provider Practice

Advanced practice providers (APPs), which includes non-physician providers such as nurse practitioners, physician assistants, and nurse anesthetists, commonly start their own healthcare practices. Practices may provide, for example, service offerings such as primary care, anesthesiology, mental health, and aesthetics (medical spas). However, there are a number of considerations and steps that must be taken for APPs to compliantly function independently.