Section 3.
The Northwest Arlington Association (1948-1971)
The Northwest Arlington Association, officially incorporated on July 13, 1948, was an organization to control ownership of properties for approximately 350 properties. Simply stated, the Association retained the right to approve or decline any potential property sale for lots under its jurisdiction using the buyer’s identity as a basis for its decision.
Who was covered by the Northwest Arlington Association?
At the time of incorporation, the Association applied only to homeowners and residents in the subdivision known as the Canterbury Place Addition, with language providing for the expansion of such rules and regulations to “such other and further additions and/or Subdivisions that may be adjacent or convenient thereto.”(1)
By 1971, the Franklin County Common Pleas case Ashley, et.al. v. Northwest Arlington Association named the following five subdivisions under the Association’s jurisdiction: Canterbury Place Addition, Canterbury Place Addition Extension No. 1, Canterbury Place Addition Extension No. 2, Canterbury Place Addition Extension No. 3, and Lakin Woods Addition. These subdivisions are generally bounded by Lane Avenue to the south, Farleigh Road to the north, Asbury Road to the east and Riverside Drive to the west. (See this ArcGIS map for finer detail.)
A random sample of property deeds surrounding these subdivisions shows additional homes subject to the Association’s rules and regulations but not entire subdivisions. For example, we have found no such clauses in the adjacent subdivisions of North Canterbury Addition and Tremont Place.
The dark maroon-shaded area below is a representation of the area governed by the Northwest Arlington Association:
All of the light blue area was annexed into Upper Arlington in the 1950s; the northern light green section in the 1960s. By 1970, Upper Arlington’s boundaries included all but the dark brown section south of Lane Avenue, the light tan and dark gray sections north of Henderson, and Wyandot Park along Riverside Drive (dark purple). (Image courtesy of the City of Upper Arlington — History Walk at Northam Park.)
This means that by mid-1948, properties outside of the dark maroon-shaded area were neither bound by the racially-restrictive “Fifth” clause nor the Association’s rules.
why and when did the Northwest Arlington Association form?
In May of 1948 the U.S. Supreme Court ruled in Shelley v. Kraemer that the courts could not enforce racial covenants in property deeds. As Richard Rothstein wrote in his definitive book The Color of Law:
“It was one thing, the Court ruled in Shelley v. Kraemer, for private individuals to discriminate. But deeds that barred sales to African Americans could be effective only if state courts enforced them by ordering black families to vacate homes purchased in white neighborhoods. Racial covenants’ power depended upon the collaboration of the judicial system and as such violated the Fourteenth Amendment, which prohibits state governments from participating in segregation.”(2)
Although the racially-restrictive “Fifth” clause remains in existing deeds (and continued for a few years after 1948 with the use of pre-printed forms), the restriction was no longer a sustainable process to prevent Blacks from purchasing property.
In July 1948, merely two months after the Shelley v. Kraemer ruling, the Northwest Arlington Association was created with these summarized purposes according to their Articles of Incorporation: 1) to enhance the overall welfare of homeowners; 2) to assign rules regarding the use and sale of property; 3) to improve and maintain communal spaces and services; and 4) to control the transfer of property, retaining the right to change terms and conditions as deemed necessary.(3)
how did the association control the ownership of property?
The sellers and buyers of these properties had to abide by the following process as outlined in the 1971 court case:
The potential buyer submitted an application to the Northwest Arlington Association.
The seller submitted the agreed upon sales price and the buyer’s identity to the Association.
The Association had thirty days to either:
Approve the membership / sale of the home. The buyer then had to pay the membership dues (in 1971, these were quoted at $50)(4). The buyer became subject to the same rules and regulations regarding any future sale of the property. A formal Association Certificate of Membership was distributed to the buyer at closing. - OR -
Deny the membership / sale and purchase the property for the agreed upon sales price. The Association then proceeded as the property’s seller.
In this way, the Association maintained full control over property buyers within the area governed by their organization.
what language is in property deeds by those covered under the association?
The Association had two sets of deed language — 1) the formal restrictive language (recorded in deeds covering multiple lots, such as those extended to a developer) and 2) the proof of compliance (recorded in individual property sale deeds).
1) Restrictive language.
The obligations on the future sellers were outlined in deeds covering multiple lots and were set to be binding until January 1, 1999. Below is a portion of the article’s text outlining the basic process:
“The Grantee…shall not sell…said premises…without first offering said premises to Northwest Arlington Association, Grantor herein, at the same price and upon the same terms, and thereupon disclosing the identity of said proposed purchaser…and furnishing to the Northwest Arlington Association a true copy of said sales…agreement…and Northwest Arlington Association shall have thirty (30) days after such offer is made to it and the actual identity of the proposed purchaser…has been proved to Northwest Arlington Association within which to accept such offer at said price. Provided further, that such disclosure of said proposed purchaser shall be treated as confidential by said Northwest Arlington Association and shall not be disclosed to any persons except insofar as the same may be necessary to enable the Northwest Arlington Association to determine whether or not to exercise said option.”(5)
Certificate of membership in the Northwest Arlington Association from Ashley, et.al. v. Northwest Arlington Association, Exhibit D, Franklin County (Ohio) Common Pleas Court (1971).
2) Proof of Compliance.
This is the language found in individual property sale deeds to confirm the acceptance of the buyer by the Association.
The generic version of the text reads: “At a Special Meeting of the Board of Trustees of the Northwest Arlington Association held (specified date), (the buyers) were duly elected to Membership in the Northwest Arlington Association. The offer of Purchase submitted to said Association under the provisions of Art. IV of the restrictive deed from The Northwest Arlington Association to (subdivision) recorded in D.B. (#), Page (#), Franklin County, Ohio Deed record was declined and the sale to (the buyers) by (the sellers) was approved.” (6)
How and when did this practice cease?
The Northwest Arlington Association ceased operations on June 4, 1971 following the order of dissolution from the decision in the 1971 Franklin County case of Ashley, et.al. v. Northwest Arlington Association. Read a summary of that case here.
References:
(1) Ashley, et.al. v. Northwest Arlington Association, Exhibit A, Franklin County (Ohio) Common Pleas Court (1971)
(2) Rothstein, Richard. The Color of Law (New York: Liveright Publishing Corporation, 2017), p. 85.
(3) Ashley, et.al. v. Northwest Arlington Association, 2, Franklin County (Ohio) Common Pleas Court (1971)
(4) Ashley, et.al. v. Northwest Arlington Association, 3, Franklin County (Ohio) Common Pleas Court (1971)
(5) Franklin County Recorder online database. Northwest Arlington Association to Margaret H. Brinker, 1948 Oct 19, DB Vol 1464, P 466. Article IV. recorder.franklincountyohio.gov
(6) Franklin County Recorder online database. Frank W. Knoderer and Josephine L. Knoderer to James J. Blais and Dolores A. Blais, 1959 Feb 6, DB Vol 2163, P 129. recorder.franklincountyohio.gov