OHIO LAW Concerning HOA Violation with FINE

[cad50]

What is the name of your state?What is the name of your state?OHIO

I recently purchased and moved into a condo with an HOA and after only a few short weeks was fined for a noise violation. I received a warning letter stating I would be fined $50-$100 if the noise continued. The letter did not state type of noise, level of noise, or duration of noise. Only that several neighbors had complained. The next letter I received was a letter stating that a $50.00 fine had been accessed and that a lien would be placed on my property if the fine was not paid within 15 days. According to Ohio state law section 5311.08.1 Revised Code which I was referred to, states that first a notice is to be given for the violation, which I received, secondly that I was to be sent a statement along with the violation giving me the right to a hearing before the Board of Directors if I chose to contest the charges and request a hearing. Thirdly a statement was also to be sent setting forth the procedures to request that hearing and that a fine could not be imposed until 30 days after the hearing if I was found guilty. The problem is I did not receive any of these statements telling me my rights. Are we giving up all of our civil liberties after moving into condos such as these? Are we no longer innocent until proven guilty? Do I not have any rights to contest this issue or does a managing company take the word from the most recent condo commando's and play prosecutor, judge and jury all in one day? Any legal advice out there would be very helpful. I am a college student who has worked hard, saved my money and wanted to have a slice of the American dream but it's quickly becoming my worst nightmare! Thanks in advance!

[HomeGuru]

Originally Posted by cad50

What is the name of your state?What is the name of your state?OHIO

I recently purchased and moved into a condo with an HOA and after only a few short weeks was fined for a noise violation. I received a warning letter stating I would be fined $50-$100 if the noise continued. The letter did not state type of noise, level of noise, or duration of noise. Only that several neighbors had complained. The next letter I received was a letter stating that a $50.00 fine had been accessed and that a lien would be placed on my property if the fine was not paid within 15 days. According to Ohio state law section 5311.08.1 Revised Code which I was referred to, states that first a notice is to be given for the violation, which I received, secondly that I was to be sent a statement along with the violation giving me the right to a hearing before the Board of Directors if I chose to contest the charges and request a hearing. Thirdly a statement was also to be sent setting forth the procedures to request that hearing and that a fine could not be imposed until 30 days after the hearing if I was found guilty. The problem is I did not receive any of these statements telling me my rights. Are we giving up all of our civil liberties after moving into condos such as these? Are we no longer innocent until proven guilty? Do I not have any rights to contest this issue or does a managing company take the word from the most recent condo commando's and play prosecutor, judge and jury all in one day? Any legal advice out there would be very helpful. I am a college student who has worked hard, saved my money and wanted to have a slice of the American dream but it's quickly becoming my worst nightmare! Thanks in advance!

**A: there is more to this story. Also grow up and read your House Rules.

[cad50]

Originally Posted by cad50

What is the name of your state?What is the name of your state?OHIO

I recently purchased and moved into a condo with an HOA and after only a few short weeks was fined for a noise violation. I received a warning letter stating I would be fined $50-$100 if the noise continued. The letter did not state type of noise, level of noise, or duration of noise. Only that several neighbors had complained. The next letter I received was a letter stating that a $50.00 fine had been accessed and that a lien would be placed on my property if the fine was not paid within 15 days. According to Ohio state law section 5311.08.1 Revised Code which I was referred to, states that first a notice is to be given for the violation, which I received, secondly that I was to be sent a statement along with the violation giving me the right to a hearing before the Board of Directors if I chose to contest the charges and request a hearing. Thirdly a statement was also to be sent setting forth the procedures to request that hearing and that a fine could not be imposed until 30 days after the hearing if I was found guilty. The problem is I did not receive any of these statements telling me my rights. Are we giving up all of our civil liberties after moving into condos such as these? Are we no longer innocent until proven guilty? Do I not have any rights to contest this issue or does a managing company take the word from the most recent condo commando's and play prosecutor, judge and jury all in one day? Any legal advice out there would be very helpful. I am a college student who has worked hard, saved my money and wanted to have a slice of the American dream but it's quickly becoming my worst nightmare! Thanks in advance!

What rules? I wasn't given any rules! Only a violation! This wouldn't stand up in any court system and you know it, not without witnesses, copies of a police reports, type of noise and duration of noise, plus evidence of sound levels. All this HOA has is a "homeguru" who chooses to complain!

[HomeGuru]

Originally Posted by cad50

What rules? I wasn't given any rules! Only a violation! This wouldn't stand up in any court system and you know it, not without witnesses, copies of a police reports, type of noise and duration of noise, plus evidence of sound levels. All this HOA has is a "homeguru" who chooses to complain!

**A: look at your title report. The condo that you bought is regulated under the recorded CC&R's which you should have reviewed and aceepted prior to closing. One important document of the CC&R's is titled House Rules. The HOA is not required to give you the rules.You should already have a copy. If you don't tough; get one. Courts have consistently enforced CC&R's in HOA condo projects. Wake up. Grow up. When you complete your thorough research, you will be surprised at what you discover.

[cad50]

Originally Posted by HomeGuru

**A: look at your title report. The condo that you bought is regulated under the recorded CC&R's which you should have reviewed and aceepted prior to closing. One important document of the CC&R's is titled House Rules. The HOA is not required to give you the rules.You should already have a copy. If you don't tough; get one. Courts have consistently enforced CC&R's in HOA condo projects. Wake up. Grow up. When you complete your thorough research, you will be surprised at what you discover.

Whatever! The point here is not rules but rights, the rules that were handed out to me are written in such a vast way that anything you do could fall under it's category and sadly enough it's all at someone elses mercy as to how they want to interrupt it. What happened to being a neighbor, talking to a neighbor, or just simply saying hey your tv or stereo is a little too loud could you turn it down? Instead people have chosen to live in places such as this and determined that "boss your neighbor", or "snitch on your neighbor", is a better tactic than simply confronting your neighbor. How Sad!

[HomeGuru]

Originally Posted by cad50

Whatever! The point here is not rules but rights, the rules that were handed out to me are written in such a vast way that anything you do could fall under it's category and sadly enough it's all at someone elses mercy as to how they want to interrupt it. What happened to being a neighbor, talking to a neighbor, or just simply saying hey your tv or stereo is a little too loud could you turn it down? Instead people have chosen to live in places such as this and determined that "boss your neighbor", or "snitch on your neighbor", is a better tactic than simply confronting your neighbor. How Sad!

**A: you had a right to read AND have an attorney review the CC&R's and discuss them with you PRIOR to closing. And you have never once posting the reasons and what you did to get the notice of violation. And you should read up about living in a condominium project which has its own government.

[HomeGuru]

Originally Posted by cad50

Whatever! The point here is not rules but rights, the rules that were handed out to me are written in such a vast way that anything you do could fall under it's category and sadly enough it's all at someone elses mercy as to how they want to interrupt it. What happened to being a neighbor, talking to a neighbor, or just simply saying hey your tv or stereo is a little too loud could you turn it down? Instead people have chosen to live in places such as this and determined that "boss your neighbor", or "snitch on your neighbor", is a better tactic than simply confronting your neighbor. How Sad!

**A: you had a right to read AND have an attorney review the CC&R's and discuss them with you PRIOR to closing. And you have never once posted the reasons and what you did to get the notice of violation. And you should read up about living in a condominium project which has its own government.