RULE ESTABLISHING THE ENFORCEMENT PROCEDURES FOR ALLEGED VIOLATIONS OF PLAT RESTRICTIONS, BYLAWS, RULES AND REGULATIONS AND ANY AMENDMENT THERETO, AUTHORIZING THE RECOUPING OF ENFORCEMENT COSTS, ATTORNEYS’ FEES AND DAMAGES PURSUANT TO ORC 5312 AND THE BYLAWS OF
THE FORESTRIDGE HOMEOWNERS ASSOCIATION, INC.
THE FORESTRIDGE HOMEOWNERS ASSOCIATION, INC.
WHEREAS, The Forestridge Homeowners Association, Inc. (hereinafter “Forestridge”) was created by the filing for record Plat Restrictions for Forestridge Phase I recorded October 20, 1992 at Official Records in Plat Cabinet H, Pages 851 through 854 of Summit County Records; Plat Restrictions for Forestridge Phase II recorded September 11, 1994 at Official Records in Plat Cabinet K, Pages 276 through 279 of Summit County Records; Plat Restrictions for Forestridge Phase III recorded September 14, 1994 at Official Records in Plat Cabinet K, Pages 280 through 283 of the Summit County Recorder’s Office (hereinafter referred to as “Plat Restrictions”); and
WHEREAS, on or about February 21, 2015, the members of Forestridge approved the By-Laws by a vote of eighty-one percent (81%); and
WHEREAS, on or about September 27, 1994, Forestridge was incorporated as reflected in Charter Number 882375; and
WHEREAS, the Plat Restrictions provide that members of Forestridge shall participate fully in and become subject to all the provisions of the Plat Restrictions Phases 1, 2 and 3, the By-Laws, the Rules and Regulations, the assessments contractual obligations of such Association as may be enacted at any time; and
WHEREAS, the Plat Restrictions provide that if any Owner of any Lot(s) shall violate or attempt to violate any of the Covenants, provisions of the By-Laws, provisions of the Articles of Incorporation and Rules and Regulations (hereinafter “Forestridge Documents”), it shall be lawful for any other person(s) or entity(ties) owning any other Lot(s) herein to prosecute any proceedings at law or in equity against the person(s) or entity(ties) violating or attempting to violate any of the governing documents and either to prevent such person(s) or entity(ties) from doing so or to recover damages for such violations; and
WHEREAS, there is a need to establish an orderly procedure to process the stages for the enforcement of the alleged violations of Covenants, By-Laws, provisions of the Articles of Incorporation and/or the Rules and Regulations; and
WHEREAS, the Board of Trustees wishes to attempt to settle any allegations of the alleged violations of the aforesaid documents through obtaining the voluntary cooperation from the alleged violator before referring the matter to the Association’s attorney for legal action.
NOW THEREFORE, be it resolved that the procedure for such enforcement and authority to recoup the costs associated with the enforcement of said documents, the By-Laws, or the Rules and Regulations of the Owners Association, to include, but not limited to, attorneys’ fees, court costs and other expenses be follows:
IN WITNESS WHEREOF, Max H. Lewis, President; Frances Reeping, Vice President; Pam Fenn, Secretary; and Mitch Barton, Treasure of The Forestridge Homeowners Association, Inc. hereby sign, acknowledge and authorize this Resolution on this 11th day of November, 2017.
WITNESSES: THE FORESTRIDGE HOMEOWNERS ASSOCIATION, INC.
_______Signed: Keri L Hart______________
By: _____________________________
Max H. Lewis, President
_______ Signed: Raymond Hong__________
By: _____________________________
Frances Reeping, Vice President
By: _____________________________
Pam Fenn, Secretary
By: _____________________________
Mitch Barton, Treasurer
STATE OF OHIO )
)
COUNTY OF SUMMIT )
BEFORE ME, a notary public in and for the State of Ohio, personally appeared the above-named Max H. Lewis, President; Frances Reeping, Vice President; Pam Fenn, Secretary; Mitch Barton, Treasurer of The Forestridge Homeowners Association, Inc. who acknowledged that they did sign the foregoing Rule Resolution and that the same is there free act and deed, individually and as authorized officers of The Forestridge Homeowners Association, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and seal at Richfield, Ohio this 11th day of November 2017.
________signed: Keri L Hart_________________________
Notary Public
Prepared by:
FOTH & FOTH CO., L.P.A.
11221 Pearl Road
Strongsville, OH 44136
440.846.0000 x228
WHEREAS, on or about February 21, 2015, the members of Forestridge approved the By-Laws by a vote of eighty-one percent (81%); and
WHEREAS, on or about September 27, 1994, Forestridge was incorporated as reflected in Charter Number 882375; and
WHEREAS, the Plat Restrictions provide that members of Forestridge shall participate fully in and become subject to all the provisions of the Plat Restrictions Phases 1, 2 and 3, the By-Laws, the Rules and Regulations, the assessments contractual obligations of such Association as may be enacted at any time; and
WHEREAS, the Plat Restrictions provide that if any Owner of any Lot(s) shall violate or attempt to violate any of the Covenants, provisions of the By-Laws, provisions of the Articles of Incorporation and Rules and Regulations (hereinafter “Forestridge Documents”), it shall be lawful for any other person(s) or entity(ties) owning any other Lot(s) herein to prosecute any proceedings at law or in equity against the person(s) or entity(ties) violating or attempting to violate any of the governing documents and either to prevent such person(s) or entity(ties) from doing so or to recover damages for such violations; and
WHEREAS, there is a need to establish an orderly procedure to process the stages for the enforcement of the alleged violations of Covenants, By-Laws, provisions of the Articles of Incorporation and/or the Rules and Regulations; and
WHEREAS, the Board of Trustees wishes to attempt to settle any allegations of the alleged violations of the aforesaid documents through obtaining the voluntary cooperation from the alleged violator before referring the matter to the Association’s attorney for legal action.
NOW THEREFORE, be it resolved that the procedure for such enforcement and authority to recoup the costs associated with the enforcement of said documents, the By-Laws, or the Rules and Regulations of the Owners Association, to include, but not limited to, attorneys’ fees, court costs and other expenses be follows:
- Upon observing or having been informed of a violation, the violator and/or resident who owns a Lot within the Association should be given a thirty (30) day notice to cease the violation.
- Said notice shall describe the circumstances of said violation.
- The notice shall afford the violator and/or resident of the Lot the right to contest the alleged violation by letter to the Board of Trustees within thirty (30) days.
- Should the first notice not be complied with within the time frame provided in said notice, a follow up letter shall be delivered to the violator and/or resident of the Lot.
- The second notice shall cite the first letter, the time period within which the violation shall be additionally complied with within another thirty (30) days, stating the steps that shall be taken if the letter is ignored for a second time.
- The second notice shall include the information referring the matter to the Association attorney for the appropriate legal steps, which shall include a notice of assessment of the costs associated with the enforcement of the Association’s documents and damages which will be incurred if the violator and/or resident of the Lot does not comply.
- Should the alleged violation concern matters which must be addressed immediately by the Board and requires the referring of the matter immediately to the Association attorney for court action to avoid damages to be incurred by the Association, the need for the first and second notice will be dispenses with. The need for immediate action shall be determined by the Board in its sole discretion.
- The costs associated with the enforcement of the Plats, the By-Laws, the Rules and Regulations of the Association include, but not limited to, attorneys’ fees, witness fees, court costs, legal assistant fees, and other costs which shall be collected and assessed against the violator.
IN WITNESS WHEREOF, Max H. Lewis, President; Frances Reeping, Vice President; Pam Fenn, Secretary; and Mitch Barton, Treasure of The Forestridge Homeowners Association, Inc. hereby sign, acknowledge and authorize this Resolution on this 11th day of November, 2017.
WITNESSES: THE FORESTRIDGE HOMEOWNERS ASSOCIATION, INC.
_______Signed: Keri L Hart______________
By: _____________________________
Max H. Lewis, President
_______ Signed: Raymond Hong__________
By: _____________________________
Frances Reeping, Vice President
By: _____________________________
Pam Fenn, Secretary
By: _____________________________
Mitch Barton, Treasurer
STATE OF OHIO )
)
COUNTY OF SUMMIT )
BEFORE ME, a notary public in and for the State of Ohio, personally appeared the above-named Max H. Lewis, President; Frances Reeping, Vice President; Pam Fenn, Secretary; Mitch Barton, Treasurer of The Forestridge Homeowners Association, Inc. who acknowledged that they did sign the foregoing Rule Resolution and that the same is there free act and deed, individually and as authorized officers of The Forestridge Homeowners Association, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and seal at Richfield, Ohio this 11th day of November 2017.
________signed: Keri L Hart_________________________
Notary Public
Prepared by:
FOTH & FOTH CO., L.P.A.
11221 Pearl Road
Strongsville, OH 44136
440.846.0000 x228
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