Our initial scan found 6 potential issues in your governing documents.
We checked the 2 public PDFs on Cinnamon Lake Association’s website against current Ohio and federal HOA law—and more issues may exist depending on the documents you load.
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Declaration of Covenants, Conditions & Restrictions · Sec. Covenants and Restrictions, Article VII & Policy Handbook Section 3.2 · Page 1
Enforcement assessment/fining clause permits fines without prior written notice specifying a cure date and the statutory right to request a board hearing within 10 days.
Operative Clause · Sec. Covenants and Restrictions, Article VII & Policy Handbook Section 3.2 (Page 1)
“Mandatory Lien and Foreclosure for Unpaid Rule Fines Without Hearing — Any fine or penalty levied by the Board of Directors or Citation Committee for a violation of the Policy Handbook shall be added to…”
Why It’s Flagged
Ohio Rev. Code § 5312.11(C)–(D) (Ohio Planned Community Law)
Under Ohio Rev. Code § 5312.11(C)–(D) (Ohio Planned Community Law), before imposing a charge for damages or an enforcement assessment, the board of directors must give the owner a written notice that includes: (1) a description of the property damage or violation; (2) the amount of the proposed charge or assessment; (3) a statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment; (4) a statement setting forth the procedures to request a hearing (giving at least 10 days to deliver written notice requesting a hearing); and (5) a reasonable date by which the owner must cure the violation to avoid the proposed charge or assessment.
If a hearing is requested, the board must provide written notice of the date, time, and location at least 30 days before the hearing.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Pursuant to Ohio Rev. Code § 5312.11(C)–(D) (Ohio Planned Community Law), prior to imposing any enforcement assessment or charge for damages, the Board shall deliver written notice to the Owner specifying the violation, the proposed assessment amount, a reasonable date by which the Owner may cure the violation to avoid the assessment, and the Owner's right to request a hearing before the Board within 10 days after receiving the notice.
2If a hearing is requested, the Board shall not levy the assessment before holding the hearing (upon at least 30 days' prior written notice) and delivering written notice of the Board's determination within 30 days after the hearing.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
5 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 5 remaining issues—plus load up to 10 PDFs for complete review.
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