Legal Question in Real Estate Law in Ohio

homeowners associations

We live in a house governed by a homeowners association. The original rule thats we signed indicated that we could have a shed on our property. Apparently this rule was changed to say sheds are not allowed on pond lots. My questions are can they alter the orginal rules that we signed? Other pond lots have sheds. I have had surgery and am required to breathe from a stoma (opening in neck). Lawnmower and gas storage in garage makes breathing difficult, would we be able to get permission based on this fact and the ADA act? Association approved specific plans and location for a shed but stipulated in text that no sheds were allowed on pond lots. Thank you for your help.


Asked on 1/04/08, 8:53 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: homeowners associations

Dear Association Homeowner:

Please carefully review the Declarations that you received or signed upon purchase. It may provide the Board of Directors or Board of Governors of your association with the authority or right to change the regulations regarding sheds, etc.

You may appeal to your Association for a variance, to permit your shed in view of your health problem. Again, review the procedure in your Association regulations. You may wish to consult and retain experienced legal counsel to advise and assist you.

Good luck. Sincerely, J. Norman Stark.

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Answered on 1/04/08, 10:46 am


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