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Lake of the Woods

Neighbor Information Hub
Understanding the Proposed 2026 HOA Document Changes
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What's Happening?

The Lake of the Woods HOA Board of Trustees has proposed replacing our original 1984 governing documents with entirely new 2026 "Amended and Restated" versions. This is not a simple amendment — it's a complete replacement of both the Declaration of Restrictions and Covenants and the Bylaws.

Why does this matter? The original 1984 Restrictions and Covenants were recorded with the Summit County Recorder as covenants running with the land. Every homeowner received these protections as part of their property deed. The proposed 2026 documents would change many of these recorded protections.

To help neighbors understand what's being proposed, we've prepared several independent analyses comparing the current and proposed documents side by side. All claims are cross-referenced to specific page numbers and sections in the source documents so you can verify everything yourself.

This site is by neighbors, for neighbors. We are not attorneys, and nothing here constitutes legal advice. Our goal is to make these complex legal documents accessible so that every homeowner can make an informed decision. We encourage you to read the source documents yourself and consult an attorney if you have legal questions.
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Key Changes at a Glance

Here are some of the most significant changes between the 1984 originals and the proposed 2026 Draft 6. Each card includes the specific document references so you can look them up yourself.

Sweeping New Nuisance Definition

The 1984 covenants simply prohibit "nuisances and noxious or offensive activities" — an objective standard. The 2026 Draft expands this into a broad provision banning anything that "causes or tends to cause embarrassment, discomfort, annoyance, or nuisance" to the Association, its employees, agents, or any Person. This subjective language could be used to restrict legitimate activities like yard signs, neighborhood organizing, or vocal disagreement with the Board.

1984 Art. I, §C.8, p. 6 → 2026 Draft Art. IV, §3(o), p. 16

Assessment Control Shifted to Board

The 1984 covenants tied assessments to a specific maintenance scope requiring member approval to change. The 2026 Draft gives the Board power to set assessment amounts with no cap, and adds new categories like enforcement assessments and special assessments — all of which become liens on your property that can lead to foreclosure.

1984 Art. II, §B, pp. 15–16 → 2026 Draft Art. VIII, §§1–3, pp. 30–31

Board Silence Now Equals Automatic Denial

Under the 1984 covenants, if the Board doesn't respond to your building plans within 30 days, your plans are automatically approved. The 2026 Draft reverses this — silence now means denied.

1984 Art. I, §E, pp. 11–12 → 2026 Draft Art. V, §2, p. 24

Board Can Amend Without Owner Vote

The 1984 covenants require signed instruments from a majority of all owners to amend. The 2026 Draft creates "Board of Directors Amendments" allowing the Board to amend the documents alone, without any owner vote, for seven broad categories.

1984 Art. I, §F.1, p. 12 → 2026 Draft Art. XI, §§1–2, pp. 39–40

13 New Rental Restrictions

The 1984 covenants have no rental restrictions. The 2026 Draft adds 13 sub-sections regulating rentals: minimum 12-month terms, Board approval, no subletting, and the Association can even initiate eviction proceedings.

1984: No comparable provision → 2026 Draft Art. IV, §3(k)(1)–(13), pp. 13–15

Expanded Enforcement Powers

The 1984 covenants limit enforcement to court proceedings. The 2026 Draft allows the Board to enter your property, perform work at your expense, levy enforcement assessments as liens on your property — potentially resulting in foreclosure — suspend your voting rights, and charge you their attorney fees.

1984 Art. I, §F.5, pp. 13–14 → 2026 Draft Art. XII, §§1–4, pp. 41–43

Minimum Home Size Reduced

The 1984 covenants require 2,200–2,400 sq. ft. depending on home type, with four specific building designs defined. The 2026 Draft reduces this to a single 1,800 sq. ft. minimum with no specified building types — a 17–25% reduction.

1984 Art. I, §A.1–A.2, pp. 2–3 → 2026 Draft Art. IV, §2
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Conflicts with Recorded Covenants

The 1984 Restrictions and Covenants were recorded with Summit County as covenants running with the land — meaning they are permanently attached to every property deed in the subdivision. We've identified 12 areas where the proposed 2026 changes directly conflict with these recorded protections.

The 2026 Draft acknowledges these conflicts. Article XIV, §3 (p. 46) says the original 1984 restrictions "survive and shall remain fully enforceable" — but then adds that wherever the 1984 document conflicts with the 2026 version, the 2026 version "shall prevail." In other words, the 2026 Draft claims the right to override your recorded deed covenants.
1

Nuisance Definition (Expanded)

1984 Recorded Covenant One line: "Nuisances and noxious or offensive activities of any kind" are prohibited. This is an objective standard focused on genuinely harmful conduct — the kind of language found in most HOA documents.
2026 Proposed Change Expanded into an entire paragraph. Now bans anything that "causes or tends to cause embarrassment, discomfort, annoyance, or nuisance" to the Association, its employees, agents, contractors, any Owner, Occupant, or any other Person using any part of the Property.
Why this matters in plain English: The phrase "tends to cause" is notably broad — the activity doesn't even have to actually bother someone, it just has to have the potential to. Consider what might fall under "embarrassment," "discomfort," or "annoyance" in everyday neighborhood life. A yard sign expressing an opinion? That could be seen as causing "embarrassment." Children playing loudly in the yard? A visitor to the neighborhood might find that "annoying." A neighbor's holiday decorations, a dog barking during a backyard gathering, emails questioning a community decision, or even organizing neighbors around a shared concern — any of these could arguably "tend to cause discomfort" to someone. The concern is that the language is subjective and provides no objective standard for what crosses the line. Under the 2026 Draft's expanded enforcement powers (Article XII), violations can be acted on without going to court, and can result in fines, liens on your property, and potentially foreclosure.
📄 1984 Art. I, §C.8, p. 6 | 2026 Draft, Art. IV, §3(o), p. 16
2

Attached Garage Requirements

1984 Recorded Covenant All garages must be attached to the main building, minimum 23 ft × 23 ft inside dimension (529 sq. ft., a two-car standard).
2026 Proposed Change No specific garage size minimum. Garages addressed only through general architectural control provisions.
📄 1984 Declaration, Art. I, §A.3, p. 4 | 2026 Draft, Art. V, pp. 24–25; Art. IV, §3(w), p. 19
3

Assessment Cap & Owner Vote Requirement

1984 Recorded Covenant $50/year minimum assessment. Modifications to assessment scope require member approval per the Bylaws.
2026 Proposed Change Board sets assessment amounts with no ceiling. Adds special assessments, enforcement assessments, and collection costs — all of which become liens on your property that can lead to foreclosure. No mandatory owner vote required for increases.
📄 1984 Declaration, Art. II, §B, pp. 15–16 | 2026 Draft, Art. VIII, §§1–3, pp. 30–31
4

Amendment Process

1984 Recorded Covenant Changes require "an appropriate instrument signed by the majority of the then owners" — actual signed documents from a majority of all owners.
2026 Proposed Change Regular amendments by meeting vote or proxy. Plus "Board of Directors Amendments" allow the Board to amend alone for 7 broad categories without any owner vote.
📄 1984 Declaration, Art. I, §F.1, p. 12 | 2026 Draft, Art. XI, §§1–2, pp. 39–40
5

Board Silence Now Equals Automatic Denial

1984 Recorded Covenant If the Board doesn't respond to your plans within 30 days, your plans are automatically approved. Silence = approved.
2026 Proposed Change If the Board doesn't respond within 30 days, your plans are automatically denied. Silence = denied. A 180-degree reversal.
📄 1984 Declaration, Art. I, §E, pp. 11–12 | 2026 Draft, Art. V, §2, p. 24
6

Fence Restrictions

1984 Recorded Covenant "Wire mesh type fences are strictly prohibited in all instances." No exceptions.
2026 Proposed Change "Decorative wire mesh fence" now allowed with Board approval. The 2026 Draft itself acknowledges this overrides the 1984 prohibition.
📄 1984 Declaration, Art. I, §C.11, p. 7 | 2026 Draft, Art. IV, §3(d), p. 10
7

Occupancy Limitations (New)

1984 Recorded Covenant No occupancy limitation exists. Homes restricted to single-family residential use, but no cap on household size.
2026 Proposed Change Occupancy limited to 2 persons per bedroom. Children under 36 months excluded from count. May raise Fair Housing Act concerns regarding familial status.
📄 1984: No comparable provision | 2026 Draft, Art. IV, §3(p), p. 16
8

Rental & Leasing Restrictions (New)

1984 Recorded Covenant No rental restrictions. Owners have unrestricted rights to lease their property.
2026 Proposed Change 13 new sub-sections of rental rules: minimum 12-month terms, no subletting, lease copy to Board, Board can collect rent directly if owner is delinquent, Association can initiate eviction.
📄 1984: No comparable provision | 2026 Draft, Art. IV, §3(k)(1)–(13), pp. 13–15
9

Enforcement Powers (Expanded)

1984 Recorded Covenant Enforcement through court proceedings only. No fines, no liens on property beyond assessments, no right of entry for enforcement.
2026 Proposed Change Board can enter lots to cure violations at owner expense, levy enforcement assessments as liens on your property — potentially resulting in foreclosure — suspend voting rights, fine owners, and charge attorney fees — all without going to court.
📄 1984 Art. I, §F.5, pp. 13–14 | 2026 Draft, Art. XII, §§1–4, pp. 41–43; Art. X, §6, p. 38
10

Home Office Rules (New)

1984 Recorded Covenant Single-family residential use only. No specific home office regulations. Industrial and commercial uses prohibited.
2026 Proposed Change Home office allowed subject to 8 conditions. Specifically prohibits using any part of dwelling as a "school" — which may conflict with Ohio homeschooling rights (ORC 3321.04).
📄 1984 Art. I, §C.1–2, p. 5 | 2026 Draft, Art. IV, §3(r)(1)–(8), pp. 17–18
11

Water Management (Expanded)

1984 Recorded Covenant Two short paragraphs covering water features: no structures on lake, preserve natural drainage, no swimming or boating. Association responsible for lake maintenance. Budgeted $3,000/yr (71% of total budget) for sediment removal, landscape repair, and water treatment on an 8-year dredging cycle.
2026 Proposed Change Creates a formal "Water Lot" category with 10 numbered obligations (up from 2 paragraphs). Individual owners must now maintain, repair, and replace all storm water drainage infrastructure on their lot — even if it serves multiple lots. Failure to comply can result in the Board performing work at owner expense and placing a lien on the property, potentially resulting in foreclosure. The Board gets final say in all water maintenance disputes. Dredging becomes discretionary. Recreation ban expanded to include ice skating, fishing, canoes, kayaks, and more.
📄 1984 Art. I, §D.5–D.6, pp. 9–10; Exhibit "A", p. 18 | 2026 Draft Art. IV, §3(h)(1)–(10), pp. 11–12; Art. VI, §§2–4, pp. 26–27; Art. VII, §1, pp. 28–29
12

Building Type & Size Specifications

1984 Recorded Covenant Four specific building types defined (one-story, two-story, split-level, cape cod) with minimums of 2,200–2,400 sq. ft. by type. Detailed definitions for each type.
2026 Proposed Change All building type specifications removed. Single minimum of 1,800 sq. ft. with no type-specific requirements. A 17–25% reduction in minimum home size.
📄 1984 Declaration, Art. I, §A.1–A.2, pp. 2–3 | 2026 Draft, Art. IV, §2
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Water Management

Lake of the Woods was built around a 1.5-acre storm water retention lake. Water management accounts for 71% of the original HOA budget. The 2026 Draft significantly expands the rules governing water features, drainage, and homeowner responsibilities.

Why this matters: The 1984 Exhibit "A" budgeted $3,000 of the $4,200 total annual budget for water-related maintenance — sediment removal, landscape repair, and water treatment. Water has always been the neighborhood's largest financial obligation.

New "Water Lot" Rules

The 2026 Draft creates a formal "Water Lot" category for properties adjacent to water features. These lots now face 10 specific numbered obligations — up from 2 short paragraphs in 1984. Four obligations are entirely new: no water removal, no depositing materials, no chemicals without consent, and mandatory bridge maintenance.

1984 Art. I, §D.5–D.6, pp. 9–10 → 2026 Draft Art. IV, §3(h)(1)–(10), pp. 11–12

Adjacent Lots Also Bound

Under 2026, the Water Lot restrictions extend beyond direct waterfront owners. If your lot is adjacent to a Water Lot, you are also prohibited from engaging in any of the proscribed conduct — even if your property doesn't directly touch the water.

2026 Draft Art. IV, §3(h), p. 12

Drainage Infrastructure on You

The 2026 Draft requires individual owners to maintain, repair, and replace all storm water drainage ways, ducts, pipes, and conduits on their lot — even if those facilities serve multiple lots. This is a new financial burden not present in the 1984 documents.

2026 Draft Art. VII, §1, pp. 28–29

Board Gets Final Say

When there's a dispute about whether the Association or an individual owner is responsible for water maintenance, the Board's good-faith determination is now final. The 1984 documents have no comparable provision — disputes would go to court.

2026 Draft Art. VI, §4, p. 27

Expanded Recreation Ban

The 1984 documents prohibited swimming and boating. The 2026 Draft expands this to explicitly ban ice skating, fishing, and specific watercraft including canoes, kayaks, paddle boats, rowboats, windsurfers, and sailboats.

1984 Art. I, §C.15, pp. 7–8 → 2026 Draft Art. IV, §3(h)(5)–(6), p. 11

Dredging Now Discretionary

The 1984 Exhibit "A" budgeted for sediment dredging on 8-year cycles (3,000 CY at $3/yd). The 2026 Draft makes dredging discretionary — "as the Board may determine to be reasonably necessary" — removing the predictable schedule.

1984 Exhibit "A", p. 18 → 2026 Draft Art. VI, §2(b), p. 26
Download the full analysis: The Water Management Analysis PDF provides a complete side-by-side comparison with all 10 Water Lot obligations, financial impact details, and every claim cross-referenced to specific source document pages.
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Documents

All documents are available for download below. We encourage every homeowner to read the source documents and verify the analysis for themselves.

Document Type Description Download
Articles of Incorporation (1984) Founding Ohio Secretary of State filing establishing the HOA as a domestic nonprofit corporation (6 pages) ⬇ PDF
1984 Restrictions & Covenants Founding The recorded Declaration — the covenants running with the land (19 pages) ⬇ PDF
1984 Bylaws Founding The original Association Bylaws (15 pages) ⬇ PDF
OH Secretary of State — Business Details (2026) Public Record Current corporate status, filing history, and statutory agent details from the Ohio Secretary of State (2 pages) ⬇ PDF
Affidavit of Lost Document (2020) Public Record Recorded affidavit regarding the lost original Code of Regulations, with attached copy — Doc #56555549 (18 pages) ⬇ PDF
Notice of Intent — Marketable Title Act (2021) Public Record Recorded notice preserving the Association's interest in land under Ohio's Marketable Title Act — Doc #56644425 (14 pages) ⬇ PDF
2026 Draft 6 — Declaration Proposed Proposed Amended and Restated Declaration (51 pages) ⬇ PDF
2026 Draft 6 — Bylaws Proposed Proposed Amended and Restated Bylaws (34 pages) ⬇ PDF
Legal Comparison Report Analysis Side-by-side legal framework comparison with Ohio law assessment ⬇ PDF
Home Office Rules Breakdown Analysis Detailed analysis of the 8 home office conditions + homeschooling impact ⬇ PDF
Cross-Reference Guide Analysis Maps every claim to exact source document sections and page numbers ⬇ PDF
Water Management Analysis Analysis How the 1984 and 2026 documents handle water, drainage, and lake maintenance ⬇ PDF
How to use these documents: The Founding documents are the original 1984 instruments that created the Association and established the community's governing framework. The Public Record documents are subsequent official filings that document the Association's legal history and ongoing status — including the Affidavit of Lost Document (which contains the Code of Regulations) and the Marketable Title Act preservation notice. Start with the Legal Comparison Report for the big picture on the proposed changes. Use the Cross-Reference Guide to verify any specific claim against the source documents. The Home Office Rules Breakdown is useful if you work from home or homeschool. The Water Management Analysis covers the lake, drainage, and storm water rules in detail.
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Town Hall Recording

Watch the recording of the neighborhood Zoom town hall to hear the discussion directly.

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Your Voice Matters

We want to hear from you. This anonymous survey helps us understand what concerns and interests neighbors truly have about the proposed changes.

Neighbor Survey

Share your thoughts on the proposed document changes. Your responses help the neighborhood understand what matters most to everyone.

Your privacy is respected. Survey responses are anonymous. Results will be shared with the neighborhood via this website to help inform our collective decision.
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Timeline

Key dates and events related to the proposed document changes.

February 23, 1984

Original Documents Recorded

Restrictions and Covenants recorded with the Summit County Recorder as covenants running with the land. Signed by Anthony A. Petrarca, Trustee.

March 22, 2026

Draft 6 Released

Board releases Draft 6 of the proposed Amended and Restated Declaration and Bylaws.

March 2026

Zoom Town Hall

Neighborhood town hall held via Zoom to discuss the proposed changes.

Your Action

Read, Understand, Decide

Review the documents, ask questions, attend meetings, and make your voice heard.

Upcoming

Owner Vote

Date to be determined. The Board will schedule a vote on adoption of the new documents.

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Share with Neighbors

Help spread the word. Print the QR code below and post it in any community newsletters, send it by mail, or text it to a neighbor.

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