Resources for Rockwood Park residents.
We do not represent ourselves as an official legal resource and believe you should certainly consult with a real estate attorney before signing 40 pages of confusing legal jargon.
We have this space created to share some information that may be helpful and informative to Rockwood Park owners so that they can make a more informed decision on voting on the proposed “Bylaws”
We will be continually updating this site to make sure you have access to the latest information we get and want to share with our fellow residents.
Violent threats are not acceptable
An interesting development occurred this week. A member of our group was speaking to a fellow member and close associate of the Trustees. During this conversation it was mentioned that during a recent group conversation, a Rockwood resident(s) “wanted to shoot” one of the people in our group.
While we could interpret this as a harmless “figure of speech” per se, we feel that even discussing violence against one of us over a difference of opinion is deeply concerning.
We want to call this incident to the attention of our fellow owners and to state publicly that we would never advocate for violence against any resident of our community. We believe in civil discourse and nonviolent means of persuasion.
We would also like to call upon the RPOA Trustees to disavow any acts of violence against any residents opposing them. It seems that the person or persons advocating for violence are aligned on the side of the RPOA Trustees as they were angry about our opposition to the proposed bylaws.
This matter was immediately discussed with an attorney so they have been put on notice along with the persons involved so far. We have also reporting this to local authorities so that we can identify the person or persons in question.
If this rhetoric continues we will issue restraining orders against any offending resident(s) that we feel is necessary to ensure our safety from any acts of violence.
Thank you for allowing us to make this a matter of the public record. We will keep you updated as this develops.
HOAs: The Formation Loophole
“If you already own a home in an area that’s discussing forming an HOA, you can likely opt out of joining. “A homeowner may not be required to join an HOA if it wasn’t in existence at the time they bought the home,” Marks says.
Talk to a lawyer about your options because different states offer different levels of protection for homeowners.
LEARN THE TRUTH HERE: Can You Refuse to Join An HOA When You Just Bought a House? Well … (homelight.com)
RPOA is confusing you with their words. “Bylaws” usually are not recorded because they are only rules for running an HOA, not for restricting your property use.
“Because CC&Rs (Covenants, Conditions, and Restrictions) affect the use, and title to, the property They must be recorded with the register of deeds in order for them to be effective. Bylaws however which pertain primarily to the operation of the HOA are not.”
LEARN THE TRUTH HERE: Bylaws usually not recorded – Community Association Management
Airbnb CONDUCTS CRIMINAL BACKGROUND CHECKS
In light of some comments at the last meeting by someone about AIRBNB customers being some sort of deviant predators, (can’t wait to see those “minutes”) we thought this would be a great opportunity to share a link to the sexual predator database in Carroll County. We’ll take a shot in the dark here and suggest any past Airbnb renters did not spend hundreds of dollars a night to creep around the “beach.”
From Airbnb: For everyone who transacts on Airbnb: We check the OFAC list, which includes terrorist designations. For those who live in the US: We check certain databases of public state and county criminal records as well as state and national sex offender registries.
We’re wondering. How many second cousins of members have gone through the same scrutiny?
LINK: Background checks – Airbnb Help Center
CHECK OUT THE LOCAL CREEPS HERE: Ohio Attorney General’s Office OffenderWatch® sex offender management, mapping and email alert program (icrimewatch.net)
Can you sue your realtor for lying to you?
At a recent meeting, an owner stated that she bought her property three years ago, in part, because she was informed by her realtor that Airbnb was not allowed in Rockwood. Really? That’s weird.
This brings up an excellent question: Can you sue your realtor if they lied to you?
Hey, while we’re at it, can a realty firm sue someone for passing false information to them? hmmm….
LEARN WHEN YOU CAN SUE YOUR REALTOR: What Are My Rights If A Real Estate Agent Lies? – Whitney, LLP (whitneyfirm.com)
What is a vexatious litigator?
“Vexatious litigator” means any person who has habitually, persistently, and without reasonable grounds engaged in vexatious conduct in a civil action or actions, whether in the court of claims or in a court of appeals, court of common pleas, municipal court, or county court, whether the person or another person instituted the civil action or actions, and whether the vexatious conduct was against the same party or against different parties in the civil action or actions.”
“A federal law, 28 USC §1927, could also come into play. If you multiply the litigation improperly, then a judge is empowered to engage in fee shifting. This means the vexatious lawyer will have to pay the other side’s legal fees and costs.“
Polkas for clean water.
During a recent “Trustee” meeting, a distraught female owner complained she has to replace her water filters every 2 weeks instead of the normal rate of every 6 months. Fortunately RPOA sprung to action and immediately arranged for a polka band to perform on the beach. It’s great to see our leadership taking such effective measure to resolve the serious issues faced by our concerned fellow citizens.
We heard the plan to fix the roads will include hiring jugglers and dancing bears to perform at the maintenance building.
Need help finding your deed? We have the answer. You might want to look up some Trustee’s oil and gas leasing deals while you’re at it 🙂
To access the Carroll County’s digital records archive, click the link below and select “Log-In as Guest” then select “I accept” to access the database.
LINK TO RECORDERS: CarrollOH (kofiletech.us)
Does RPOA’s Articles of Incorporation include the power to restrict property usage and enforce it by putting liens on private property? No. Just look for yourself.
So what do properly prepared HOA articles of incorporation look like? Here’s a sample.
Have there been similar disputes in the past about RPOA’s restrictive authority? Based on this exchange distribited to RPOA owners in 2006, the answer is yes. This rings familiar…
Read the exchange here: https://www.rpoaowners.com/wp-content/uploads/2023/07/RPOA-dispute-2005-2-1.pdf
A lesson about persistence.
Who can change your deed?
The only person who has the legal right to change your deed (including adding restrictions) IS YOU, THE OWNER.
Read more here: https://info.rochfordlawyers.com/resources/real-estate-title/how-do-you-reform-change-your-deed
HOA Bylaws and CC&Rs: What’s The Difference?
From what it appears to us, the “Association” is attempting to insert restrictive covenants into the “byaws”. Restrictive covenants should only exist on the deed of your property and can not be inserted after the purchase of your home.
Read more here: https://www.cedarmanagementgroup.com/hoa-bylaws/
What is ‘Selective Enforcement?’ AKA: “Rules for thee, but not for me!”
“Enforcement of the rules and regulations of an HOA can be an intimidating challenge at the best of times. Many of the rules may seem impossible to enforce, and homeowners may often challenge enforcement that they feel is unwarranted or unfairly implemented. In some cases, a resident may plead “selective enforcement” in a court of law. Here is how to deal with HOA selective enforcement claims and how to ensure rules are enforced uniformly throughout.”
Read more here: HOA Selective Enforcement: Playing Fair | Cedar Management (cedarmanagementgroup.com)
ROCKET MORTGAGE SURVEY: 57% Of HOA Residents Don’t Like Having An HOA
Fewer than half (47%) of HOA residents surveyed believe their neighborhood is better with an HOA. Fewer than 2 in 3 (64%) HOA residents surveyed feel their HOA honestly handles its finances. One in 10 HOA residents surveyed is considering selling their home for HOA-related reasons.
Does this also make your property harder to sell? The statistics say yes but you’re free to draw your own conclusions.
Read more here: Assessing the Association – Homeowners Weigh in on the HOA | Rocket Mortgage
Is your property soon to be leased for oil and gas rights? We have a feeling…
If it’s good enough for certain trustees, then why is it not OK for all residents? And why would you ever voluntarily give up your rights to thousands of potential dollars? Just take a look at the ODNR oil and gas website and check to see if your property is near any exploration expansion.
Visit the ODNR Oil and Gas well interactive map: ODNR Oil & Gas Well Viewer (ohiodnr.gov)
Another reason we have a feeling…
When “bylaws” include exemptions for certain members it looks fishy.
“Avoid exceptions. Making exceptions can quickly lead to trouble as members may feel that it is not fair that one person got an exception and they did not. It can be difficult for board members to reprimand members they are good friends with, but they need to remain neutral and treat everyone equally.”
Read more here: HOA Selective Enforcement: What it Means for Homeowners – Kuester
Get a copy of your RPOA dock lease.
The dock lease agreement (the one you paid for) ensures your ownership of your dock and guarantees you access to Leesville Lake regardless of any developing “legal activities”. To get a copy of your RPOA Dock Lease Agreement contact president@rockwoodpark.info
What does an actual legitimate HOA declaration look like? Here’s an example. Is there anything on your deed that looks like this? Our guess? It doesn’t.
“HOMEOWNERS ASSOCIATION. The Purchaser acknowledges that he shall be obliged to become a member of the Home Owners’ Association (if any) and shall be bound by the Memorandum of Incorporation of the Home Owners’ Association and the rules from time to time laid down by the Home Owners’ Association.”
Read more here: Recorded in the real property records Definition | Law Insider
Are there legal precedents that are similar situations to this one? Possibly there are.
Click to view.
Lake Milton Estate Prop. Owners Ass’n, Inc. v. Hufford, 2018 Ohio 4784 | Casetext Search + Citator
We would like to congratulate this year’s elected “Trustees” of the “Association”
We have enjoyed this year’s ‘performance’ portraying a group who actually have legal authority to tell us what to do. Excellent job folks. But remember “With great power, comes great responsibility.” (And accountability)
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