A hot button issue for condominium and homeowners’ associations is the enforcement of architectural restrictions. Enforcement related to architectural restrictions is one of the most visible responsibilities a board will have. When handled well, it protects property values and keeps the community looking its best. When handled poorly, it can lead to conflict, accusations of selective enforcement or discrimination, and even litigation. To assist with proper enforcement of architectural restrictions, here is some essential information every Ohio board member should know.

     Ohio’s Condominium Act (O.R.C. §5311) and the Ohio Planned Community Act (O.R.C. §5312, “HOA” statute) provide boards with broad power to regulate exterior changes—so long as decisions are:

• Reasonable
• Consistent with the governing documents (“Declaration” or “CC&R’s”)
• Applied uniformly; and
• Made in good faith.

     A strong legal foundation for the enforcement of architectural restrictions consists of not only the restrictions as written within the governing documents, but also the board adopting clear rules within the board’s authority to do so and consistently enforcing the architectural requirements for the community.

     The board should have a smooth and clearly written process for homeowners to submit architectural approvals with timelines as to when the applications will be reviewed and when a decision will be provided to the homeowner. Poor communication can lead to disputes stemming from misunderstandings between the homeowner and the board. Be sure to apply consistent criteria for submitting and reviewing applications. For example, be sure to use standardized forms or templates for applications where homeowners can fill out the application, attach any additional information required to review the request, and easily submit it to the board or architectural review committee for processing. Ensure that all homeowners have access to this information so there is no question as to the steps for the application process and where the forms can be found.

     To avoid pitfalls with the review process, be sure decisions are consistent and applied uniformly throughout the community, and do not unduly delay in responding to the homeowner. In some governing documents, if the application is not denied within a specific period of time it is deemed to have been approved. Boards should review the governing documents to determine if such a provision exists and if so, be sure to respond to the homeowner within the required time period.

     If unapproved projects pop up, be sure to follow the steps of due process prior to imposing fines for violations. Both O.R.C. §5311.081(C) and O.R.C. §5312.11(C) require written notice of the violation to be sent to the offending homeowner and the offending homeowner has a right to a hearing with the board to dispute the violation, prior to the board imposing an enforcement assessment against the homeowner. A board has the authority to file a lawsuit against a homeowner to enforce compliance with the architectural restrictions through O.R.C. §5311.19(A) and O.R.C. §5312.13. Most governing documents also provide the board with the same authority to pursue legal action if a homeowner remains noncompliant after being provided an opportunity to correct the violation.

     Architectural enforcement is about protecting the community’s long‑term value and ensuring fairness for all homeowners when it comes to architectural improvements. With strong guidelines, consistent application of the rules and restrictions, uniform decisions, clear processes for both the homeowner and the board, along with transparent communication, boards can manage architectural requests efficiently and properly.

     If you have questions about enforcement of architectural restrictions, or any other matter related to community associations, please reach out to one of the attorneys at Williams & Strohm, LLC at (614) 228-0207.