How Does the Board Enforce Leasing Restricitons?
Enforcing leasing restrictions is done the same way as enforcement of all other community use restrictions. The actual rule should be consulted for any notice provisions necessary, but otherwise, the text of the leasing restriction should be reviewed to see what remedies are contained in the actual rule. If the rule allows eviction of the tenants because the landlord/owner is violating the restriction, then the Board should vote to proceed with an eviction action. In addition, Ohio law allows tenants to be evicted for violation of any of the rules of the Association. The Courts generally will enforce leasing restriction rules if all of the proper procedures have been followed under Ohio law. RC 5311.19 requires that the owner be given a ten day written notice from the Board prior to any eviction action being filed. After that notice is given, the eviction is handled just like any other tenant eviction with the Association filing the eviction on behalf of the owner if the owner fails to act to remove his tenant. The Board may want to consider having a meeting with the owner prior to starting an eviction; often, these issues can be resolved by agreement, short of having to file an eviction action. Please contact us if your Association has a leasing restriction problem.
Charles T. Williams
Charles T. Williams (retired) is the firm’s founder. A native of Columbus, Ohio, and a veteran of the Vietnam war, Mr. Williams earned his law degree from Boston College Law School. During his years of providing legal counsel, he was widely recognized as one of Ohio’s foremost attorneys to practice homeowner association law and condominium law.