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

Responsible Restart Ohio: Stay at Home Stays in Place – First Phase of Back to Work with Precaution and Protocols

April 27, 2020Governor Mike DeWine announced new plans today regarding the reopening of Ohio, including the first wave of businesses to welcome employees and customers back inside. This will not be rapid process and that is by design, as DeWine emphasizes that the guiding principles behind Ohio’s plan are to protect the health of employees, customers and their families, support community efforts to control the spread of the virus and to take the lead in responsibly getting Ohio back to work.Client Alert

BMD President Matt Heinle Shares Insights on the Critical State of Hospitals

April 24, 2020The critical state of Hospitals in America due to the coronavirus pandemic.Client Alert

Congress Passes Another Round of Coronavirus Relief for Small Businesses

April 24, 2020On April 24, 2020, President Trump signed into law another round of coronavirus relief aimed at helping small businesses during this public health emergency. The bill contains a total of $484 billion in additional aid. The majority of funds in this bill are dedicated to replenishing the Paycheck Protection Program (“PPP”), which gives small businesses loans to cover payroll costs that could be forgiven if specific requirements are followed. Congress initially funded the PPP in March with $350 billion, but this amount was exhausted as of April 16, 2020.Client Alert

The $70 Billion Question – CARES Act Provider Relief Fund Helping Hardest Hit Hospitals First

April 23, 2020HHS finally unveiled its preliminary plan for disbursement of the remaining $70 billion of CARES Act Provider Relief Funds. The initial $30 billion was disbursed to providers based on 2019 Medicare fee-for-service payments. HHS indicated that the remaining $70 billion would be disbursed to (1) providers that incurred COVID-19 expenses, (2) rural providers, (3) providers that primarily receive payments from other sources (such as Medicaid), and (4) providers that treat uninsured Americans.Client Alert

Recap & Recording: CORONAVIRUS WORKFORCE WEBINAR

April 23, 2020BMD Employment and Labor Member, Jeffrey C. Miller shared employer and workforce updates related to FFCRA, COVID-19, the Paycheck Protection Program, and gave participants an idea of what to expect in the coming weeks and months as America begins to reopen.
Older posts
Newer posts