Our initial scan found 6 potential issues in your governing documents.
We checked the 3 public PDFs on Muirfield Association’s website against current Ohio and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Declaration of Covenants, Conditions & Restrictions · Sec. Warranty Deed Article VI & Property Handbook (MDCC Design Standards) · Page 1
Architectural restriction relies on subjective aesthetic discretion, neighbor pocket-veto signatures, or standardless finality without objective guidelines.
Operative Clause · Sec. Warranty Deed Article VI & Property Handbook (MDCC Design Standards) (Page 1)
“No exterior work of any kind may be commenced without prior written appro”
Why It’s Flagged
Ohio Rev. Code Ch. 5312 (Ohio Planned Community Law); Ohio Rev. Code Ch. 5311 (Ohio Condominium Property Act); Ohio Rev. Code §§ 5312.16, 5311.192 (Solar Collector Protections); Restatement (Third) of Property: Servitudes § 6.13 (Ohio Good Faith & Objective Architectural Review Standard)
Under Ohio servitude law (Ohio Rev. Code Ch. 5312 (Ohio Planned Community Law).
Ohio Rev. Code Ch. 5311 (Ohio Condominium Property Act)) and Restatement (Third) of Property: Servitudes § 6.13, restrictive covenants are construed in favor of free use of land, and an association may not enforce architectural restrictions based purely on subjective aesthetic discretion unless anchored in published, objective architectural standards applied in good faith.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1All architectural review decisions shall be governed by and strictly evaluated against the written, objective Architectural Planning Criteria adopted by the Association and recorded in the public records.
2The Board or Committee may not deny applications on subjective aesthetic grounds or delegate veto power to adjoining neighbors outside published criteria.
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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Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Assessment Collection & Mandatory Pre-Lien Notice Procedure Gap
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