HOA covenant enforcement in Cuyahoga County follows ORC 5312.11 procedures. Before imposing fines, associations must provide written notice of violation, opportunity to cure, and a hearing if requested by the owner. Fines must be reasonable and uniformly enforced. Selective enforcement is a defense.
ORC 5312.11(D) requires associations to follow due process before imposing fines or penalties: written notice describing the violation, opportunity for the owner to be heard at a hearing, and written decision. Fines must be authorized by the declaration or properly adopted rules. Courts have invalidated enforcement where the HOA waived the same violation for other owners (selective enforcement). Cuyahoga County HOAs must also comply with the federal Fair Housing Act, which prohibits enforcement that has disparate impact on protected classes.
Improper enforcement: fines voided, association may owe owner attorney fees under ORC 5312.11.
See how Cuyahoga County's cc&r enforcement rules stack up against other locations.
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