Changing the by-laws

I know this question was recently asked but now I have a new one that is a bit different. I was just told at my first HOA meeting as a board member (wait, I'm the secretary so not really a board member just an officer), that the board can at any time revise the by-laws without consulting the neighbors. Is that normal? For instance, they just added information in regards to C&R violations to include fines and liens on houses. I thought that the neighbors would have to vote on this, but they tell me that the board only votes on bylaw changes.

Here's what our bylaws say in regards to changes:

"ARTICLE XVI
Amendments

These Bylaws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. Provided, however, the provisions of Article IV, Section 1, Article VIII, Sections 1 and 2, Article XI and this Article SVI may not be amended without the consent in writing of Declarant so long as Declarant shall be the owner of one or more Tracts. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control."

Thanks again in advance for all of your wonderful advice,

Heather

WHO are the "members" referred to in this sentence?: Board members or Members of the Association?

These Bylaws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy

and have you had a turnover from the Declarent yet?

That is what I was wondering was who are the "members."

So, if the members are homeowners, why is the board revising covenants w/o asking the lot owners?

Another part of the revision they want to do is that ONLY the President, Vice-President, and the 3 board members are voting members. The secretary (me) and the treasurer do not get to vote on board issues. They are only officers but not board members. But, that was not stated in the original by-laws... just in this revision they are working on.

No recent turnover... these houses are 3-4 years old. They are custom houses on individual lots that were purchased from a developer but he has no say in the Association except for the votes he gets for the 3 lots he still owns.

Heather,
I interpret the word members in Article XVI of your By-laws to mean the members of the Association not members of the Board of Directors. In some cases, but seldom, I have seen By-laws which allow amendment by the Board of Directors. But in those cases it clearly states Board of Directors rather than just members.

With regard to your question "So, if the members are homeowners, why is the board revising covenants w/o asking the lot owners?" I think you meant By-laws rather than Covenants. To amend the Covenants requires approval of a percentage of all homeowners. However, homeowner is not equivalent to member. In a manditory association all homeowners are members of the HOA; but in a voluntary association not all homeowers need to be members of the HOA.

In either case, amending Covenants or By-laws, your Board is out of order and their vote is not legally valid. I suggest you request they correct their error.

Thanks, Roger.

Yes, sorry. I did mean bylaws.

Now I just am worried to tell my HOA board members. They think I'm completely clueless which I am on this HOA law, but I know when something doesn't sound right to me like the board can change by-laws anytime they want to.

The problem that I have with reading Bylaws comes from this forum. In discussing issues with my homeowners I sometimes find myself referring to Bylaws that I read here. I keep having to remind myself to go back and re-read my own Bylaws yet again before I try to state exactly what they say.

Thanks, Donna!! I did copy the info and send it to the president. My main concern is these are MAJOR changes. Like they now want to access a $100 for violations and if the fine is not paid, they will put a lien on the property. They are already delivering letters that state this fine, however, the fine is a change NOT approved by the members/neighbors. Our lawyer has supposedly approved the changes but I do not think she is aware of the fact that the neighbors have not agreed to the changes.

One man just put his HOUSE UP FOR SALE because of the violation fines. It's major stuff.

Heather,
If your Board has sent the letters out about fining, the lawyer has approved the wording but she does not know that the Board has enacted on the changes without going to the members, I would write to her or if you can, call her. She needs to do her job and that is to advise this Board before they get into big trouble. That's what she gets paid for unless she is not your association attorney. Either way, she should be notified because she is involved in the writting of the amendments.

Here's the president's response to my email that the bylaws state members amend bylaws:

"The business of executing the tasks of the board is voted on and decided by the 3 board members. The officers do the work. I am the contracting officer, Kristen operates in my absense, Herb watches the money, and pays the bills as directed by the board vote, you record the minutes and results of the board's vote."

Um, what???

It's so easy for you guys to encourage readers to "jump the gun" while you guys are "hiding" behind your computers. IMO , opposed to declaring war , Heather would be better off to suggest a legal opinion of her gov. docs. so that all board members are on the "same page."

Susanna,

Heather has some valid concerns and she has stated that she is new and wants to hear what she can possibly do. Please try posting more useful information rather than playing interpretor or moderator.

These are from Heather-- "That is what I was wondering was who are the "members."

So, if the members are homeowners, why is the board revising covenants w/o asking the lot owners? "

Quote from Roger --"In either case, amending Covenants or By-laws, your Board is out of order and their vote is not legally valid. I suggest you request they correct their error. "

Susan, Dwight, Roger and myself have all stated just about the exact things so I see no "jumping the gun" in our replys. (sorry, but you caught me on a testy day)

My point is that no matter what you guys say, preach, or opine, Heather or any other reader who is a board member has to face the consequences of a hasty action. Heather may end up pushed aside by the other members who claim they "know best." However, if she suggests a legal opinion of her gov. docs so that all board members can work "on the same page" as I have stated, then she might have a better chance in correcting the direction of the board.

I actually emailed our lawyer today. I simply asked her to verify that the president is correct in saying that only board members have to vote to change bylaws. I attached the bylaws. I told her I just wanted to confirm it so we are not held liable. I really don't care if my board doesn't like me while I question this information. I'm just trying to do what is right by my neighbors. I have plenty of friends and could care less if these grumpy old board members no longer like me.

Ok, you guys REALLY wanna see the entire section in the bylaws regarding board of directors????
I wish we could do different color font on here. On my word document of the bylaws, all of the proposed revisions are in RED but I can't do that here so I put the word REVISION in caps by the changes... the many, many changes (just to these sections... you should see ALL of the changes). Wait... I think I can do bold image codes on here. I'll try it. The color code wouldn't work for me.

I think I'm only an officer and NOT a board member. But is that WITH the changes or originally. My goddness. I need a beer.

This is gonna take up a ton of room but here goes:

------------------------------------------------------

ARTICE VIII
Board of Directors

Section 1. The business and affairs of this Association shall be managed by a Board of Directors. At the inception of the Association, the Board shall consist of the 5 (<<5 (<<
The initial Board of Directors named in the Articles of Incorporation shall have the authority to appoint the persons who shall serve as the Board of Directors at the first annual meeting.

The size of the Board of Directors may be increased or decreased from time to time upon the affirmative vote of three-fourths (3/4) of all members. Each director shall hold office for the term for which he was elected, or until his death, resignation, retirement, removal, disqualification or until his successor is elected and qualified. Each such director shall serve for a one-year term. Nothing herein contained shall be construed to prevent the election of a director to succeed himself. For purposes of election of new Board of Directors, the quorum at the annual meeting shall be 25% of the voting members resent of by proxy.

Section 2. The first Board of Directors named in the Articles of Incorporation shall serve from the date of the filing until their successors are duly elected and have qualified. Only thereafter, directors shall be elected by ballot at the annual meeting of the members. Each director shall hold office until his death, resignation, removal, disqualification, or his successor is elected or appointed and qualified. Any vacancy may be filled at any time by a majority of the remaining directors, though less than a quorum, but a vacancy created by an increase in the authorized number of directors shall be filled only by election at an annual meeting or at a special meeting of members called for that purpose. (REVISION>>> Only one Board member shall be elected from any one household)

Section 3. The directors shall act only as a board, and individual directors shall have no power as such. A majority of the directors for the time being in office shall constitute a quorum for the transaction of business, but a majority of those present at the time and place of any regular or special meeting, although less than a quorum, may adjourn the same from time to time without notice until a quorum be at hand. The act of a majority of directors present at any time at which there is a quorum shall be the act of the Board of Directors.

Section 4. The Board of Directors may, by resolution adopted by a majority thereof, designate on or more executive committees, each executive committee to include not less than two (2) directors as members thereof, which executive committees to the extent provided in said resolution, may have and may exercise, when the Board of Directors is not in session, the powers of the Board of Directors in the management of the affairs of the Association. The Board of Directors may designate such other committees which it may deem necessary and advisable n the efficient operation of the Association. These committees may be appointed by the Board from those members who are not directors, to serve in such capacity as the directors may specify.

Section 5. (REVISION>>> Regular meetings of the Board shall be conducted at least once a month (or more if the Board sees needed). Meeting shall be closed for all Association members unless a member requests an appearance at least five (5) days in advance to discuss Association business. (end of REVISION) Special meetings of the Board of Directors may be called by the President or by any two (2) members of the Board for any time and place, provided reasonable notice of such meetings shall be given to each member of the Board before the time appointed for such meeting. The attendance of a director at a meeting shall constitute a waiver of such notice except where a director attends a meeting and objects to the transaction of any business because the meeting is not lawfully called or convened.

Section 6. The Board of Directors may from time to time determine the order of business at its meetings. At all meetings of the Board, the President, or in his absence, the Chairman chosen by the directors present, shall preside.

Section 7. The Board of Directors, after the close of the fiscal year, shall submit to the members of the Association a report as to the condition of the Association and its property and shall submit also an account of the financial transactions of the past year.

Section 8. Subsequent to their election by members, any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation, or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.

Section 9. No director shall receive compensation for any service he may render to the Association, provided, however, any directory may be reimbursed for his actual expenses incurred in the performance of his duties.

Section 10. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.

ARTICLE IX
Powers and Duties of the Board of Directors

Section 1. The Board of Directors shall have the power to:

a) Adopt and publish rules and regulations governing the use of the Common Areas and other facilities provided for the common use and benefit of Association members, and to establish penalties for the misuse thereof;

b) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions by these Bylaws, the Articles of Incorporation, or the Declaration;

c) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors;

d) Enter into agreements with third parties in order to facilitate efficient operation of the Common Areas. It shall be the primary purpose of such agreements to provide for the administration, maintenance and repair, and operation of the Common Areas. The terms of said agreements shall be as determined by the Board of Directors to be in the best interest of the Association. Any agreement not covered in the budget over $2,000.00 or 20% of the approved budget must have the approval of the membership of the Association.

e) Employ a manager, an independent contractor, or such other employees as the Board deems necessary, and to prescribe their duties, to carry out and accomplish the purposes of the Association;

f) Open bank accounts on behalf of the Association and designate signatories required therefore.

Section 2. It shall be the duty of the Board of Directors to:

a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the members of the Association

b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

c) Shall assist treasurer in preparing an annual budget for membership approval for the annual assessment against each Tract as provided in the Declaration and send written notice of each assessment to every Association member at least thirty (30) days in advance of each annual dues assessment, subject however, to special assessments, the assent of the membership as hereinabove provided;

d) Issue, or cause an appropriate officer to issue, upon demand, by any person, a receipt setting forth whether or not any assessment has been paid; a reasonable charge may be made by the Board for the issuance of these certificates and such certificates, if issued, shall be conclusive evidence of payment of any assessment therein stated to have been paid; and

e) Cause the Common Areas to be maintained.

f) Cause the exterior of the dwellings to be maintained;

g) Receive membership approval for all special assignments against each tract as provided in the Declaration and send written notice of each assessment to every Association member at least thirty (30) days in advance of each annual and special assessment due date, subject, however, as to special assessments, the assent of the membership as hereinabove provided;

h) Receive membership approval for an expenditure in excess of 20% of the approved budget;

i) Enforce the Covenants and Restrictions as mandated by the members of the Association. Enforcement shall include schedule of penalties to be charged to the property owner at which time as an infraction has been noted, and voted as such by the Board, after which written notification of the infraction will be mailed to the property owner. If the infraction defined is not addressed within thirty (30) days after notification with a plan for remedy within a timeframe approved by the Board, a $100 per 30 day period fee will be assessed. Infraction defined not addressed within thirty (30) days after notification with plan for remedy, $100.00 per 30 (thirty) day period and $ week after timeframe approved by the Board. This belongs in assessment fees.

ATTORNEY: Need to define addressed.

j) Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same; and

k) Manage the affairs of the Association.

All of these duties may be delegated by the Board of Directors to a professional management company in the sole discretion of the Board of Directors, with the exception of that duty set forth in Subsection (c) above.

ARTICLE X
Officers and Their Duties
Section 1. The officers of this Association shall be a President and one or more Vice Presidents, a Secretary, a Treasurer, and such other officers and assistant officers as the Board may from time to time deem necessary. Any two or more offices may be held by the same person, except the offices of President and Secretary and the offices of President and Vice President. Any two or more offices may be held by the same household except the offices of President and Vice-President.

Section 2. The officers of the Association shall be elected or appointed annually by the Board of Directors, and each shall hold office for one (1) year unless he shall sooner die, resign, or be removed, or otherwise disqualify to serve. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may from time to time determine. More than one officer may be elected from the same household.

Section 3. Any officer may be removed from office by the Board with or without cause. Any officer may resign at any time by giving written notice to the Board, The President or the Secretary. Such resignations shall take effect on the date of receipt of such notice or at any later specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 4. A vacancy in any office may be filled in the manner prescribed for regular election or appointment. The officer elected or appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

Section 5. The duties of the officers are as follows:

President – is a member of the Board

a) The President shall be the chief executive officer of the corporation and shall perform such other duties as from time to time may be assigned to him by the Board; Shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, promissory notes, deeds and other such similar documents; and shall, in general, perform all duties incident to the office of President.

Vice President- is a member of the Board

b) The Vice President shall act in the place and stead of the President n the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.

Secretary

c) The Secretary shall record the votes and keep for public viewing the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of all the members; keep appropriate current records showing the members of the Association together with their addresses; and perform such other duties as required by the Board. Board approved minutes shall be available for member review within 14 days of Board approval.

Treasurer

The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual accounting of the Association books to be made at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting for membership approval, deliver a copy of each to the members and file all applicable state and federal tax returns; any unusual or non-recurring expense of $100 or more shall require prior approval of the Board of Directors.

ARTICLE XI
Indemnification of Officers and Directors

The Association shall indemnify any and all persons who may serve or whom have served at any time as directors or officers of the Association against any and all expenses, included amounts paid upon judgments, counsel fees and amounts paid in settlement (before or after suit is commenced), actually and necessarily incurred by such persons in connection with defense or settlement of any claim, action, suit or proceeding in which they, or any of them, are made parties, or a party, which may be asserted against them or any of the, by reason of being o having been directors or officers or a director or officer of the Association, except this indemnification shall not operate with respect to a director or officer or person who has been adjudged in an action, suit, or proceeding guilty of willful and intentional misconduct in the performance of his duties to the Association. Provided, however, that in the event of a settlement the indemnification herein shall apply only when the Board of Directors approved such settlement and reimbursement as being in the best interest of the Association. The Association shall likewise indemnify any bonded professional management company for any of the above-mentioned expenses, when such expenses are incurred in the course of duties delegated by the Board of Directors.

The provisions hereof shall be in addition to and not exclusive of any and all other rights to which any director or officer may otherwise e entitled under any law, bylaw, agreement, vote of Association members or otherwise. In the event of death of the officer or director, the provisions hereof shall extend to his legal heirs, representatives, successors and assigns. The foregoing rights shall be available whether nor not such person or persons were in fact directors or officers at the time of incurring or becoming subject to such expenses, and whether or not the proceeding, claim, suit or action is based n matters which antedate the adoption of this Bylaw.

Now print out HOW Amendments are passed (bylaws are changed)

The board can PROPOSE any changes it wants, but I will bet that a vote of the Membership (homeowners) is needed to approve the changes.

Sure wish a parliamentarian would look those over. There are lots of gaffs in them. (Hey, there's a place you can spend the $2400!!)

Heather, you appear as to want to tackle too many issues at once (you've initiated several threads in one day) and fight the other board members to do what you think is right by you and the rest of "expert" opinions on this site. You can't do this alone. It's too much of a heavy load for a first time board member. Can't challenge attorneys and board members and win unless you learn how to play "politics." That takes time and a lot observation. You have the constraints of being part of a board where you are the minority, meaning ONE. All the understanding of your gov. docs does not prepare you for the uphill battles and barriers you may encounter. Be patient. Take a deep breath. Go to your library and find books on homeowners associations.

Best of luck.

I am not questioning the bylaw changes and the budget issues in my HOA because I am the SECRETARY. I know that position is powerless. I question the issues as a homeowner that has a right to know. I should've given more background but didn't think I had to. These issues have been going on for 3 years now. The treasurer and president have been trying to revise the bylaws for these 3 years and have not finished the process. They keep dragging it out. There have been 4 secretaries in 3 years. The first two were forced to resign as they did what I am doing... questioned the bylaw and budget issues. The third questioned and lost but backed down from them and stayed her year and just resigned. And now there is me.

So, the secretary position has opened my eyes to the documents and the history and corruption. It has not given me power. I am aware of that.

As far as being diplomatic, we are beyond that. I attempted. I questioned it at a board meeting in a very nice manner. I was told I was wrong. I questioned it in an email to president. I again was told I was wrong. So, I questioned it on this site, and everyone said I was RIGHT. My last step was to email our lawywer and I am awaiting her response. She did tell me she has NEVER EVEN SEEN the revised bylaws, however, I was just told by the board that she had reviewed them. Interesting.

70 households.

We JUST held the board member election in September. However, we only had 25% of the homeowners so up as they have all given up with this board. So, basically, the grumpy old men remained since the frustrated homeowners did not attend the meeting. I am trying to schedule another homeowner's meeting but the board will not respond to a day. I've learned that they do not like having meetings. They are supposed to have 4 per year based on our bylaws. 2 were held last year.

Great advice Susan! I will do that in regards to the powers of each board member.

I think my main concern is that they are delivering fine letters to people. It is $100 for every 30 days that you are in violation of a C&R (grass too tall, etc..). If not paid, a lien goes on your property for those fines. 2 houses have already been given this letter.However, the fines are in the PROPOSED bylaw changes that have never been voted on...not the original.

Maybe we need to have another board meeting prior to a homeowners meeting so we are all on the same page.

You are so right that I need to be slow and steady. I'm just up in arms about what I've learned. But, I do need to take it step by step.

Thanks, Bruce. The president tells me that the C&R's allow for any type of fine because the words, "special assessment" are in the C&R's. I thought a special assessment was an assessment to pay for common area improvements if the budget was gone. Does anyone know? I'm still confused. The lawyer is still reviewing my email and will answer me by Friday.

Here's the president's response on levying fines:

"The fines are a function of board vote and decision. In my hard drive at home I have the penalty flow chart, and methodology decided upon after consulting with Julia back in 2007. Fines, fees, dues, and penalties are determined by the board. look for them to be called "special assessments", and they are referred to in the C&R documents:

Dollar costs are specifically not defined in our documents. They cannot be defined because they will be subject to change as inflation, or other costs present."

Thanks again for all of your continued help!

Thanks so much, Donna. Here's what the C&R's say on assessements:

"22. Except as otherwise specifically provided, the owner of each tract by acceptance of a deed therefore by virtue of such ownership shall become a member of the Hunter Place Property Owners Association, Inc. (The "Association") upon its formation and each owner of a tract is deemed to covenant and agree to, and shall pay to the Association, an annual assessment to pay for the cost of maintaining and repairing the Common Areas, as hereinafter defined, within **** Subdivision. Each owner of a tract subject to this assessment obligation, including owners of tracts in subsequent sections or phases of ***** Subvision who are subject to these restrictions by amendment of supplemental filings, shall pay the same annual and special assessment amount, irrespective of the size of the tract, the location of such tract or any other factor. The combination of two or more tracts by a single owner through the recording of a revised plat map shall reduce the number of assessments for the combined tracts to the number of tracts shown on the revised plat maps.

The assessment and charges created herein shall constitute a continuing lien upon each tract and, if not paid within thirty (30) days after the due date thereof, shall bear interest at the rate of ten percent (10%) per annum until paid. The lien may be enforced as by law allowed. The lien created herein is specifically subordinated to the lien of any valid first mortgage upon any tract in the subdivision. The property owners shall have the right to promulgate rules and regulations concerning the use of the Common Areas. Each person acquiring title to a tract binds himself, his heirs, and assigns to be members of the Association should it be formed pursuant to these restrictions and conditions, and further binds and obligates himself, his heirs, and assigns to pay the assessment to the Association once it has been levied by the Association. The obligations imposed by this paragraph shall exist whether or not the association has been formed as of the date these restrictions are recorded or as of the date any tract is sold, if at any time that these restrictions are in effect the Association is formed as a non-profit corporation, the principal purpose of which is to maintain the Common Areas.

24. If any person shall violate or attempt to violate any of the covenants herein set forth, it shall be lawful for any other person or persons owning or having an interest in any portion of said subdivision to institute and prosecute any proceeding in law or equity against such person or persons to restrain such violation or to recover damages or other compensation for such violations. In the event of such proceedings between any property owners affected by these covenants, the prevailing party as determined by the results of the litigation shall be entitled to an award of attorney fees and costs associated with such litigation. This provision specifically includes enforcement of unpaid Association assessments"

Heather:

It greatly troubles me that your board president thinks "special assessments" are the same as "fines."

I don't pity your position!

Check your documents for a section or wording similar to this below, and then get out your highlighter and forward to your president. . .

Section 7. Special Assessments. In addition to the annual assessments authorized above, the Residents Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any reconstruction, repair or replacement of any improvement upon the common area. Any such assessment shall have the assent of the members of the Residents Association in accordance with the Bylaws.

Section 8. Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all lots except those owned by Developer. The Board of Directors may at its discretion waive the assessment for any year or part of a year for any lot not occupied as a resident.

------------

One of the things to note here is that SPECIAL ASSESSMENTS are UNIFORM, and all lots shall have the SAME AMOUNT DUE for both the annual and special assessments. In other words, every lot owner is assessed the SAME amount. So "special assessments" cannot be used as "fines" to ding one resident or another.

Everyone gets the special assessment, or no one does.

Thanks, Michele. I sent my president the definition of a "special assessment" that I found on the internet. It stated it the same way you did.

I'm sure I will soon be kicked off of the board but I will continue my fight as a homeowner.

Interesting, Dwight. But, yours says the charge is more like to pay BACK whatever it costs the association to deal with the violation (I'm thinking like postage for certified mail to notify you of the violation or lawyer fees to review the violation or something... not necessarily a random fine amount... but I'm not sure).

Either way, yours is definitely more spelled out. Especially since it says it can go to one owner.

You could be right that my president is thinking of this. But, really, I wonder if he's really thinking at all. They keep talking in circles around me. First, the bylaws allowed fines. When I questioned that, now they say it's the C&Rs that allow fines.

Also "The lawyer said we can do it or it was OK." Is one of the oldest dodges around for BOD's to try to pull the wool over the member's eyes. It has even been tried by previous BOD's here until the members started demanding to see it in writing.

Even before Ohio allowed fines for COA's, our documents had language for a "Special Assessment" against one H/O to cure violations and when Ohio changed the law a few years back they also included it:

Violations of the covenants, conditions, or restrictions shall be grounds for the Association or any Unit Owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action. Any and all expenses incurred by the Association in enforcing any of the terms and provisions of the condominium instruments, including reasonable attorneys’ fees to the extent permitted by Ohio law, may be levied as a special assessment against the Unit Owner in question and his or her Unit.