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

Don't Get Caught Dazed and Confused: Another Florida Court Weighs in on Employer Obligations to Accommodate Medical Marijuana Use

March 3, 2025A Florida trial court ruled in Giambrone v. Hillsborough County that employers may need to accommodate off-duty medical marijuana use under the Florida Civil Rights Act (FCRA). This contrasts with prior rulings and raises new compliance challenges for employers. With the case on appeal, now is the time to review workplace drug policies.Client Alert

Corporate Transparency Act to be Re-evaluated

February 28, 2025Recent federal rulings have impacted the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. While reporting requirements were briefly reinstated, FinCEN has now paused enforcement and is reevaluating the CTA. Businesses are no longer required to submit reports until further guidance is issued. For updates and legal counsel, contact BMD Member Blake Gerney.Client Alert

Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

February 26, 2025Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.Client Alert

January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

February 25, 2025In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.Client Alert

Corporate Transparency Act Effective Again

February 20, 2025The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.
Older posts
Newer posts