Questions & Answers

The HOA Board of Trustees has proposed replacing the original 1984 Declaration of Restrictions and Covenants and Bylaws with entirely new 2026 "Amended and Restated" versions. This is not a simple amendment — it's a complete replacement of both documents. Visit the HOA Information page for a detailed breakdown.

The date has not been announced yet. We will update this site as soon as a vote date is scheduled.

All documents — both the 1984 originals and the proposed 2026 drafts — are available for download on the Documents section of the HOA Information page.

The full recording is available on the HOA Information page, and a written transcript is available in the Meeting Minutes section.

This site was created by neighbors, for neighbors. It is not affiliated with the HOA Board. Our goal is to make complex legal documents accessible so every homeowner can make an informed decision. Nothing on this site constitutes legal advice.

Short answer: the underlying law applies automatically; the document rewrite is optional.

Ohio Revised Code Chapter 5312 (the Planned Community Law, effective September 10, 2010) applies by its own terms to every planned community in Ohio whose declaration is recorded — there is no pre-2010 carve-out. Lake of the Woods, even though it was platted in the early 1980s, is already subject to the statute. The Board already has to follow 5312's rules on things like assessment-lien procedure (ORC 5312.11–.12), director fiduciary duties (5312.07), owner access to records (5312.06), and meeting and notice rules, regardless of what the 1984 Declaration says. Where the old documents are silent or conflict with a mandatory provision of 5312, the statute controls.

What is not required is restating or replacing the recorded governing documents to mirror the statute. An HOA may leave the 1984 Restrictions and Bylaws in place and simply operate under 5312 where the statute speaks. Many pre-2010 Ohio communities do exactly that.

Where the distinction matters: parts of 5312 are default rules — the statute grants certain powers only if they are adopted in the declaration or bylaws. Express fine authority, enforcement assessments beyond basic collection costs, expanded architectural-review procedures, some leasing restrictions, and similar tools generally need to be written into the documents to be enforceable. That is often the real driver behind a full restatement: not that the law requires it, but that the Board seeks statutory powers the 1984 documents do not currently grant.

When a Draft 6 provision is described as "bringing the documents into line with current Ohio law," it is worth asking which of three things is really happening:

• Bucket 1 — Statutorily required: restates something the statute already imposes on the Association anyway (cosmetic; no change in legal effect).
• Bucket 2 — Statutory default: adopts a default rule from ORC 5312 that applies unless the declaration provides otherwise (optional; can be declined or modified).
• Bucket 3 — Optional statutory power: adopts a power the statute makes available only if the declaration grants it (a genuine expansion of Board authority).

All three can look identical on the page but are very different in practice. A neighbor-prepared breakdown of Draft 6 provisions sorted into these three buckets is available here: 📄 Draft 6 Provisions by Bucket (PDF).

📄 Plain English Version 📱 Mobile-Friendly Version

This answer is informational only, prepared by neighbors — not attorneys. A homeowner weighing a specific provision should confirm with Ohio HOA counsel.

Take the anonymous neighbor survey, attend HOA meetings, review the documents, and talk with your neighbors.