Back in late 2009, there
was a landmark case in Ohio - Green Condo Assn Inc, vs. Gottieb. In
this case, the trial court granted a summary judgment and permanent
injunction in favor of the condo assn. They were seeking to enforce
their rule that unit owners must obtain a permit for any renovations
performed inside the owner's unit.
This case took almost 4 years, with allegations of trespassing from the
owner. The court noted that purchasers of condominium units voluntarily
submit themselves to the condominium form of ownership, which requires
that owners give up a certain degree of freedom of choice that might
otherwise be enjoyed in another form of ownership.
When you move into either a Condo or Homeowners Assn. you agree to live
by their rules. If you are purchasing, please be sure your agent
delivers these rules to you in a timely fashion, and helps you answer
any questions. Once you have closed on your sale, you are then bound to
live by the rules of the community.
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