Amendments Legal Opinion Letter

Dear Residents of Huntington Hills,

We hope this message finds you well. Recently, there have been several questions raised by Huntington Hills residents regarding the proposed amendments that were discussed at our special meeting in July 2023. The Huntington Hills Civic Association (HHCA) provided those questions to the HHCA attorneys and received a legal letter for residents that answers those questions. You can find a copy of that legal opinion on the “Documents” page of the Huntington Hills Civic Association (HHCA) website: https://huntington-hills.org/documents/

We want to take this opportunity to provide you with a clear and concise summary of the key points discussed in the legal letter from the HHCA attorney which addresses the concerns raised.

The legal letter clarifies that our community is governed by two main documents: the Amended and Consolidated Declaration of Protective Covenants (2016) and the Amended Code of Regulations, also known as Bylaws (2011). These documents are essential in regulating our community’s operations and have been filed with the Fairfield County Recorder’s office. We realize there was confusion about which versions are on the website and given to new residents. HHCA has updated the website to better indicate the versions that residents and the HHCA should abide by.

The legal letter also explains the purpose of “Exhibit A” within the Declaration. This exhibit consolidates various restrictions from separate deeds that initially governed different phases of our community into one comprehensive set of regulations. This consolidation was necessary to bring consistency and clarity to our community’s rules.

Furthermore, in addition to our governing documents, the legal letter outlines that two chapters of the Ohio Revised Code, namely Chapter 5312 (Ohio Planned Community Act) and Chapter 1702 (Ohio Non-Profit Corporation Act), also play roles in governing our association.

The legal letter delves into the need for specific amendments. For example, the leasing amendment (Amendment A) aims to provide clarity on whether leasing is allowed within our community. The shed amendment (Amendment B) addresses requests from residents regarding the installation of sheds on their properties. The assessment amendment (Amendment C) aligns our community with the Ohio Revised Code, allowing the Board to adjust dues as needed for community maintenance. Lastly, the electronic notice and voting amendment (Amendment D) ensures our community is following state law while providing flexibility for virtual meetings and electronic voting.

It’s important to note that these answers were provided in direct response to residents’ questions. We believe in transparency and, despite the additional costs HHCA had to incur for legal fees to obtain these answers, we were willing to do our due diligence to ensure we were doing the right thing and to be responsive to the HHCA members whom we are responsible to represent.

These amendments were proposed to strengthen our community. However, the decision was ultimately made by you, the residents. You had the opportunity to vote on whether these amendments should become part of our governing documents, ensuring your voices are heard in shaping the future of our community.

If you still have questions or need further clarification on any of these matters, please do not hesitate to reach out to the HHCA at HHCAtrustees@gmail.com. Your feedback and engagement are vital to our community’s well-being and growth.

Thank you for your attention, and we look forward to your continued involvement in making Huntington Hills an even better place to call home.

Sincerely,

The Board of Directors
Huntington Hills Civic Association, Inc.