Poplar Hill
Lebanon, Ohio
Poplar Hill HOA
Poplar Hill Homeowners' Association was established in 1996 as a nonprofit corporation and registered with the State of Ohio, with the official title "Poplar Hill Section 1 Home Owners' Association, Inc."
The following documents are available online at the Ohio Secretary of State's website by doing a Business Search:
1996 10 24 Nonprofit Articles of Incorporation
Some excerpts:
"The purposes for which this corporation is formed are to own, operate and manage for the benefit of homeowners in the subdivision known as Poplar Hill Section 1, in Warren County, Ohio certain common elements and facilities; and to do all things necessary or incidental to these purposes."
"Upon dissolution of the corporation..."
*It seems this was not intended to be a permanent organization. Perhaps it is just time to deed over the common areas to the City of Lebanon and dissolve the HOA?
How is it our HOA was not recognized by the State of Ohio as a nonprofit corporation for over three years? I'm sure everyone paid HOA fees during that time.
2011 05 02 Certificate of Continued Existence
2016 01 14 Certificate of Continued Existence
2023 07 11 Agent Address Change
Covenants and Restrictions
(Declaration of Easements and Amended and Restated
Protective Covenants for the Poplar Hill Subdivision Section I)
The original Declaration of Easements and Amended and Restated Protective Covenants are dated November 1, 1994. For simplicity, we will call these the Covenants and Restrictions.
Many of these are still in effect. As of January 1, 2013, Paragraph 13 expired. To remain in place, it would have required 70% of the homeowner's to vote for it and that did not happen. This paragraph included: Land Use, Exterior Structure Approval, Floor Area, Other Structures, Nuisances, Oil and Mining Operations, Garbage and Refuse Disposal, Parking, Signs, Swimming Pools, Antennas, Mailboxes, Fencing, Swingsets and Play Areas, Restrictions on Private Drainage Easement / Detention Facilities, and Obligation to Keep Premises in Good Condition.
1994 11 01 Poplar Hill Protective Covenants and Restrictions
Book 1055, Page 892 - Document dated 1 Nov 1994; recorded 16 Nov 1994.
1997 06 23 Poplar Hill Protective Covenants Supplemental Declaration
Book 1420, Page 650 - Document dated 23 Jun 1997; recorded 26 Sep 1997.
1997 07 09 Poplar Hill Protective Covenants Amendment
Book 1420, Page 647 - Document dated 9 Jul 1997; recorded 26 Sep 1997.
1999 02 22 Poplar Hill Protective Covenants Supplemental Declaration No. 2
Book 1707, Page 310 - Document dated 16 Feb 1999; recorded 22 Feb 1999.
2001 07 09 Poplar Hill Protective Covenants Supplemental Declaration No. 3
Book 2219, Page 841 - See Book 3016, Page 34.
Book 3016, Page 34 - Document dated 9 Jul 2001; recorded 29 Apr 2003.
2005 03 14 Poplar Hill Protective Covenants Supplemental Declaration No. 4
Book 3826, Page 141 - Document dated 14 Mar 2005; recorded 31 Mar 2005.
2005 11 03 Poplar Hill Protective Covenants Supplemental Declaration No. 4
Book 4054, Page 411 - Document dated 3 Nov 2005; recorded 29 Nov 2005.
2006 07 11 Poplar Hill Protective Covenants Supplemental Declaration No. 5
Book 4243, Page 145 - Document dated 11 Jul 2006; recorded 14 Jul 2006.
Finding These Documents Online
The Warren County Recorder's Office has access to online searches for Property Records using their "AVA" system.
https://recorder.warrencountyohio.gov/Info/SearchInfo/Index
Start by reading and clicking "accept" on the Welcome page of the Public Records Search. Enter the Book and Page number in the appropriate fields and then click "Search" or press the "Enter" key on your keyboard.
Once you get the results of your search, click the line with the results to get to the document icon.
Then click the document icon to see the image of the document.
Also Available on Plat Maps
The Covenants and Restrictions are also listed on the Plat Maps. There are several that cover Poplar Hill. These Plat Maps can be found online at the Warren County Engineer's Office.
http://www.wceo.us/maproomdocpop/default.aspx
Make sure you select either Survey Map or Plat Map in the drop-down box, then enter Volume and Page numbers, and click "Submit."
Section 1 = Plat Map, Volume 30, Page 1
*Replat of Lots 4996-A, 4997-A, and 4998-A = Plat Map, Volume 31, Page 67
*Replat of Lots 6969-A and 6970-A = Plat Map, Volume 75, Page 89
*Survey of May 10, 1996 = Survey Map, Volume 97, Page 12
Section 2 = Plat Map, Volume 36, Page 89
Section 3 = Plat Map, Volume 43, Page 22
Section 4, Block A = Plat Map, Volume 69, Page 19
*includes Replat of Lot 6081-A in Section 3
Section 4, Block B = Plat Map, Volume 75, Page 83
Ohio Law & Administrative Rules
Chapter 5312 | Ohio Planned Community Law
Ohio Revised Code / Title 53 Real Property
Ohio laws that apply to Homeowners Associations can be found online:
https://codes.ohio.gov/ohio-revised-code/chapter-5312
A few takeaways:
Section 5312.02 | Applicability of chapter; establishment of planned community.
(B) Any declaration for a planned community shall be accompanied by bylaws that provide for the operation of the planned community. Except as provided in division (A) (1) of section 5312.03 of the Revised Code, the declaration and bylaws shall provide for all of the following:
(B) (1) The election of the board of directors of the owners association;
(B) (2) The number of person constituting the board;
(B) (3) The terms of the directors, with not less than one-fifth to expire annually;
(B) (4) The powers and duties of the board;
(B) (5) The method of removal of directors from office;
(C) Nothing in this chapter invalidates any provision of a document that governs a planned community if that provision was in the document at the time the document was recorded and the document was recorded prior to the original effective date of this chapter, September 10, 2010.
Section 5312.04 | Election of officers; powers; meeting.
(A) A board of directors of an owners association shall elect officers from the members of the board, to include a president, secretary, treasurer, and other officers as the board designates.
(B) A board may act in all instances on behalf of an association unless otherwise provided in this chapter, the declaration, or bylaws. The board may appoint persons to fill vacancies in its membership for the unexpired portion of any term.
(C) Except during a period of declarant control, the board shall call a meeting of the owners association at least once each year. Special meetings may be called by the president, a majority of the board, owners representing fifty per cent of the voting power in the owners association, or any lower share of the voting power as the declaration or bylaws specify.
(D) The board may hold a meeting by any method of communication, including electronic or telephonic communication, provided that each member of the board can hear or read in real time and participate and respond to every other member of the board.
(E) In lieu of conducting a meeting, the board may take an action with the unanimous written consent of the members of the board. Any written consent shall be filed with the minutes of the meetings of the board.
(F) No owner other than a director may attend or participate in any discussion or deliberation of a meeting of the board of directors unless the board expressly authorizes that owner to attend or participate.
(G) The board of directors of an owners association shall comply with all applicable state and federal laws concerning prohibitions against discrimination on the basis of race, color, religion, sex, military status, national origin, disability, age, or ancestry, including, but not limited to, Chapter 4112. of the Revised Code. No private right of action additional to those conferred by the applicable state and federal anti-discrimination laws is conferred on any aggrieved individual by the preceding sentence.
Section 5312.05 | Amendments to declaration or bylaws.
(A) Unless otherwise specified in division (C) of this section or the declaration or bylaws, the owners may amend the declaration and bylaws by the consent of seventy-five per cent of the owners, either in writing or in a meeting called for that purpose. No amendment to the declaration or bylaws is effective until filed in the office of the county recorder.
(B) A vote to terminate the applicability of the declaration and to dissolve the planned community requires the unanimous consent of owners.
(C) A vote to delete as void, any provision within the declaration or bylaws, or any applicable restriction or covenant, that limits the occupancy or use of property subject to this chapter on the basis of race, color, national origin, religion, sex, or familial status, requires only a majority vote of the board of directors of the owners association.
Section 5312.09 | Assignment or conveyance of rights or interest in common elements.
(A) (2) The owners association may not assign the right to common assessments, or the future income from those assessments, or convey any fee interest or any security interest in any portion of the common elements unless the declaration specifically provides for such a conveyance or seventy-five per cent of the voting power of the owners association, or any larger percentage the declaration specifies, approves the conveyance.