Community Association Law

The Firm’s Community Association Law experience covers the entire spectrum of legal counseling of Condominium and Homeowner Associations.  In addition, the Firm provides counseling to real estate developers, country clubs, master ssociations and owners’ ad hoc committees.  From enforcement of the covenants and restrictions to negotiation of contracts for provision of services, the Firm’s Association Attorneys are an integral part of the Community Association’s professional team. 

Barron Peck Bennie & Schlemmer is proud of its role as a pioneer in the development of Community Association law in the State of Ohio.  Many of the leading cases in the field bear the Firm’s name.  Among the types of services routinely provided to Community Association clients are the following:

• Consulting with developers, planners and others interested in creating master planned communities, condominium communities and the conversion of apartment buildings to condominiums.


• Providing legal counsel in the application of state statutory law and administrative decisions on the operation of Community Associations.


• Assisting in the interpretation and enforcement of the governing documents, the Declaration of Condominium, Declaration of Covenants, Conditions and Restrictions and the Articles of Incorporation and the Bylaws of the Association.


• Answering day-to-day questions regarding operational, technical and practical issues.


• Assisting the Board of Directors on fiscal matters, such as budgeting, levying special assessments and establishing reserves.


• Addressing maintenance and repair issues and distinguishing between those repairs which can be done by the Board acting alone as opposed to those requiring unit or lot owner approval.


• Drafting contracts for the maintenance, repair and operation of the Community.


• Collecting delinquent assessments, filing liens and foreclosures.


• Negotiating and drafting of contracts for management of the association owned or administered property and for the provision of other services.


• Amending the operational documents to eliminate obsolete provisions and to modernize the documents to conform to the current needs of the Community.


• Counseling owners ad-hoc committees in the pre-transition phase of the community’s evolution.


• Providing legal counsel for post-transition, unit owner-controlled Association, including the resolution of warranty, accounting and representation claims, and the establishment of on-going operational controls.