Primrose Estates Homeowners Association, Inc. is a registered Ohio nonprofit corporation (#927355) under O.R.C. 1702 , and a planned community under O.R.C 5312. The official governing documents for the Association are filed with the Cuyahoga County Recorder, and a scanned version can be found here. For your convenience, unofficial searchable transcriptions are available below:
Additional rules adopted by the Board of Trustees:
GOVERNING DOCUMENTS DEFINED
Some owners move into an association without complete knowledge as to which documents govern an association. While statutes and case law also control, each association has its own unique documents that are imposed or required for the protection and benefit of all owners. The three governing documents of each association are as follows:
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- Declaration – This document contains a legal description and “declares” the property as a community association. It is filed with the county where the property is located and also recites the restrictions imposed for the betterment of the community.
- Bylaws/Code of Regulations – This document controls the internal governmental operation of the association itself. It too is filed with the county and defines aspects such as owner voting rights, number and term of board members, and association procedures.
- House Rules – While the Declaration and Bylaws are generally written by the developer’s attorney, the house rules are generally promulgated by the board. This document, which is often in booklet form, contains plain English language that covers information and conduct regulations of the association and the community’s residents.
In order to have a successful community, it is important that all owners familiarize themselves with all of the governing documents.
Source: The law firm of Kaman & Cusimano, who represents the Association
Transfer Documents to Purchaser
Q. I live in a community association and I am in the process of selling my home. What documents should I provide to the buyer?
A. At a minimum, you should provide the buyer with the Declaration and Bylaws of your association. These documents are public record and if you do not have a copy, a set may be obtained at the County Recorder’s office. Be sure to include any amendments that the association may have adopted. Wise purchasers are now requesting inspection of other association related documents such as house rules, the annual budget, the reserve study, recent board meeting minutes and newsletters. These documents are available from the association for a fee. Finally, you should note that many documents require that the board provide a waiver of a first right to purchase the home and a certificate confirming that the association has insurance. Often times there is a processing fee and your submitting an early written request to the Board or manager will avoid delay in the transfer of the home.
Source: The law firm of Kaman & Cusimano, who represents the Association