Victory For Association's Architectural Restrictions

In a case out of Hamilton County, Ohio, the Court of Appeals reversed a decision that allowed homeowners to keep glass block windows that were installed in direct violation of the rules and regulations for the association.

The association specifically banned glass block windows from being installed in any unit. All basement windows in units contained plate glass windows. The Association also had a requirement that owners seek Board approval for any alteration or replacement with regard to the exterior of the units. Routinely, owners who petitioned the board to replace their basement windows with glass block were turned down. The association’s goal was to maintain uniformity and harmony among the units.

The Defendants sought permission to replace their plate glass basement windows with glass block. The Board expressly denied the request in writing. The Defendants were fully aware that the Association did not approve of the installation of glass block windows. They did it anyway. The Association sued the Defendants seeking removal of the offending windows. The trial court found for the Defendants; however, the Association appealed and won finding that the Associations rule was reasonable in light of the attempt to maintain a uniform appearance within the Association.

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