Articles
Business Law
- Owners of Video Copyrights Must Monitor the Internet
- Our Clients Ask Us: Dress Code
- Employment Litigation and the Discovery of Information on Social Networking Sites
- Illegal Immigrants in the Workplace
- New Legislation on Age Discrimination Law
- Our Clients Ask Us: Waiver of Right to Sue
- Criminal Trial in Absentia Against Corporation is Unlawful
- Small Public Companies to Begin Providing Audited Assessments
- The U.S. Census and Your Business
- Our Clients Ask Us: Unpaid Internships
- Law is Upheld Limiting Workplace Intentional Tort Lawsuits
- Health Care Reform: What Small Businesses Need to Know
- Our Clients Ask Us: PDAs
- 2010 Board of Revision Complaints
- The Most Wonderful Time of the Year: Limiting Liability at Office Holiday Parties
- Our Clients Ask Us: Grants
- Termination of Employee Post-Childbirth Ruled as Unlawful Sex Discrimination
- Business Condominiums: A More Common Type of Ownership
- Federal Red Flags Rule: Does it Apply to Your Business?
- 6% Interest Could be Heading Your Way
- Our Clients Ask Us: Credit Card/Payment Card Transactions
- Evidence of Oral Promises is Barred
- Act to Assist Workers Facing Mass Layoffs
- Associational Retaliation No Longer a Concern
- Our Clients Ask Us: Pregnancy Policy
- Statute of Frauds Requirement of a Signed Agreement is Upheld
- Ohio Focuses on Worker Misclassification
- New Bills Offers Pension Relief
- Our Clients Ask Us: Employee Termination
- The Ohio Tax Commission Lowers Interest Rate on Court Judgments
- Ohio's New Partnership Statute
- Privacy in the Workplace
- When is the Requirement of Written Contract Not Met?
- What's in a Name? Choosing Your Company Name
- The FDIC Extends IOLTA Unlimited Coverage
- The Age of the Digital Signature
- State Legislation That Could Affect Small Businesses
- Restoration of the Americans with Disabilities Act
- Privacy Laws
- Paying for Employee Travel Time
- Our Clients Ask Us: Jury Duty
- Our Clients Ask Us: Collections
- Ohio's Healty Families Act Could Leave Some Businesses Sick
- Issue 2 and Its Affect on Ohio Companies
- Identity Theft: A Guide for Ohio Victims
- Going Green at the Office
- Genetic Information Nondiscrimination Act of 2008
- Former Employee's Use of Memorized Client Information Violates Trade Secrets Act
- Federal Protection for Returning Veterans
- Entity Selection
- Enforcement of Non-Competition Clauses
- Electronic Discovery Law
- Cuyahoga County's New Business Docket
- Copyright Licenses for Movie Nights
- Changes to Piercing the Corporate Veil
- Challenge to Ohio's EPA Plan
- Canton Repository- 10/1/06
- Business Succession Planning: The Basics
- Disposing of Confidential Information
Client Resources
Community Associations
- Member Lists: How to Properly Provide Information Requested
- Our Clients Ask Us: Stealing Association Utilities
- So the Board Wants to Amend the Documents, Now What?
- Top 10 Lessons Learned from MultiVest
- Ohio Planned Community Act: The Basics
- Ohio Planned Community Act Signed into Law
- To Self-Manage or Not to Self-Manage
- Our Clients Ask Us: Ignoring Member Complaints
- Ohio Case Law Update
- Discrimination Avoidance on Issues of Familial Status
- Helping Owners Understand the Necessity of Reserves
- Owner Grievances and Withholding Maintenance Fees
- Our Clients Ask Us: Owners Who Walk Away
- S.B. 187: Ohio Planned Community Act
- Change in the Economic Climate and Corresponding Change in Rental Restrictions
- Pet Restrictions: What is Considered Livestock?
- Inspections of Association Property and Liability Concerns
- Improper Rule or Regulation Pitfall
- The Right to Dry: The Next Attack on Association Regulations
- Our Clients Ask Us: Fence Installation
- Federal Red Flags Rule Update: Change in Effective Date
- Qualification for FHA Availibility
- Position as an Officer- What Does it Really Mean?
- Our Clients Ask Us: Leasing Units to Family Members
- Florida Association Driven to Bankruptcy
- Fair Housing: What Board Members Need to Know
- Methods for Keeping the Peace- Part V
- Ohio Planned Community Bill Introduced in Ohio Legislature
- Overrun by Renters!
- Our Clients Ask Us: Length of Foreclosure Process
- Exclusive Contracts Banned by FCC
- The Crisis Continues- Impact on New Condominiums
- Methods for Keeping the Peace- Part IV
- Federal Red Flags Rule: Does it apply to Community Associations?
- Here Kitty, Kitty: Whose Cat is That?
- Our Clients Ask Us: Repair Reimbursement
- Victory for Association's Architectural Restrictions
- Curfews in Associations
- Methods for Keeping the Peace-- Part III
- The Beginning of a New Era: Developer Foreclosures and Builder Foreclosures
- Federal Programs to Aide Homeowners
- Our Clients Ask Us: Tenants on Board?
- Volatile Enforcement Hearings
- Declaration and Bylaws vs. Rules and Regulations-- What's What
- Methods for Keeping the Peace- Part II
- Accepting an Assessment Increase
- What Happens When a Member Files for Bankruptcy
- EXCLUSIVE USE AREA REPAIR-WHOSE PROBLEM IS IT?
- Our Clients Ask Us: Additions
- Methods for Keeping the Peace (1)
- Proper Use of Reserve Funding
- Recent Ohio Court Ruling: Arbitration Procedures
- Our Clients Ask Us: Partial Payments
- Our Clients Ask Us- Maintenance/ Service Contracts
- Our Clients Ask Us- Pool Membership
- Coping with Budgetary Challenges
- National Trends in Budget Management
- New Requirement for Fannie Mae Backed Loans
- Suspension of Privileges in Response to Non-Payment
- Our Clients Ask Us: Keys to Units
- Assisting Elderly Association Members
- From Community Newsletter to Defamation Lawsuit
- Superlien Legislation: Is Ohio Next?
- Our Clients Ask Us- Fuel Surcharges
- Are You Covered? D & O Insurance Explained
- Denial of Architectural Requests: Avoiding Litigation
- HR Act 3221: The Housing & Economic Recovery Act of 2008 (HOPE Fund)
- Our Clients Ask Us- Association Members Feeding Wildlife
- Our Clients Ask Us- Association Picnic/ Party
- Smoking Bans- Can They Apply to a Unit?
- Our Clients Ask Us- Satellite Dishes
- Our Clients Ask Us- Open Board Meetings
- Our Clients Ask Us- Delinquent Members
- Our Clients Ask Us- Water Damage
- Our Clients Ask Us- Association Pools
- Strategies for Reduction of Legal Costs
- Smart E-mails: Avoiding Use of the Technology
- Effect of New Underwriting Guidelines for Home Loans
- The Business Judgment Rule: Protecting Board Decisions
- Smoking Bans- Can They Apply to a Unit?
- When is Patriotism Allowed? Displaying the American Flag
- Association Attorneys: The Mystery of Who We Represent
- Discussion of Association Issues Over E-mail
- Protecting Association Assets
- Developing a "Community" Through Fostering Relationships
- Defacing Common Elements: Catching a Graffiti Artist
- Prison Time for Kathleen DeSalvo
- Pet Restrictions
- Guidelines for Selecting a Reserve Professional
- Going Green: Making the Association Earth-Friendly
- Pool Safety Receives Congressional Attention
- Corporate Ownership of Units in the Community
- Rule Enforcement: Is Some Discretion Allowed?
- Political Signs: Free Speech or Rule Violation?
- The Mortgage Crisis: Foreclosure Rates Affect Associations
- Tax Relief For Common Elements
- Representing The Condominium Purchaser
- Practical Pointers In Ohio Condominium Law
- Condominium Loans
- Legal Audit Checklist
- Condominium Insurance Seminar
- Handling Condominium Disputes
- Condominium Defects
- Analysis Of Ohio's Condominium Act Amendments
- Ban on Exclusive Cable Deals by the FCC
Cyber Law
Estate Planning
In the News
- Legislator: Bill would provide Ohio condo associations with more financial flexibility (from The Daily Reporter, Columbus, OH)
- MultiVest Clients Look to Rebound, Recover Money- Cleveland.com- 3/2/07
- Home and Condo Associations Missing "Millions"-Cleveland.com-2/20/07
- Dueling Associations in Lengthy Litigation Over Causeway-Columbus
- Ohio Island Homeowners Association Snarled in Legal Fights- ABC 13 Toledo- 10/2/06
- Johnson Island Toll Halted- Toledo Blade- 6/8/06
Real Estate Law
Qualification for FHA Availibility
The Federal Housing Administration has once again changed its requirements for qualification of a condominium for FHA-insured loans. For any condominium to be approved, it must be in full compliance with State law. The project must be residential and cannot be a condo-hotel, a timeshare or a houseboat project.
1. For new construction, at least 30% of the total units in the condominium must be sold prior to the endorsement of a mortgage on any Unit. After December 31, 2010, the presale requirement increased to 50%, however this is a reduced presale requirement in new construction, compared with 70% for loans from conventional lenders.
2. At least 50% of the units must be owner occupied or sold to owners who intend to occupy the unit. In a proposed project, projects in construction or projects in initial marketing phase, the FHA is allowing a minimum owner occupancy of 50% of the presold units. Through December 31, 2010, bank-owned units may be disqualified from the percentage calculations.
3. Any project must have at least two units.
4. The condominium must be covered by hazard and liability insurance. Where applicable, flood and fidelity insurance will also be required.
5. No more than 25% of the total floor area can be used for a commercial purpose. Any commercial portion must be favorable to residential living.
6. No more than 10% of the Units can be owned by one investor. This also applies to vacant or unsold Units owned by the builder of developer that are subsequently rented out. If there are 10 units or less in the condominium, no single entity may own more than one unit and still qualify.
7. No more than 15% of the total units can be more than 30 days past due in the condominium association maintenance fee payments.