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
January 20, 2025

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.

HOABylawsHome Owners Association
Client Alert

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.Client Alert

Understanding the Seven Core Elements of an Effective Healthcare Compliance Program

January 22, 2026The Affordable Care Act requires healthcare providers participating in Medicare, Medicaid, and CHIP to maintain an effective compliance program. Guidance from the Department of Health and Human Services and the Office of Inspector General outlines seven core elements that form the foundation of these programs, from written policies and compliance oversight to auditing, training, and corrective action. This alert highlights each element and explains how practices can tailor compliance programs to their size and risk profile while meeting federal expectations.Client Alert

Preventing a Board Investigation

January 21, 2026Healthcare professionals in Ohio are subject to licensing board investigations that can lead to disciplinary action. Staying compliant with regulations, documenting carefully, and operating within your professional scope can help prevent issues. If contacted by a board, working with an attorney is critical to protect your license and rights.
Older posts
Newer posts