Ohio HOA & Condominium Law
17 active Ohio statutes govern homeowners associations and condominiums in the state. The corpus encodes 49 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
OH
CommunityPay has not verified a state-specific statutory resale certificate regime in Ohio. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Ohio does not cap RC preparation fees by statute. With CommunityPay, the board issues the certificate directly from live ledger data — eliminating the third-party fee entirely. Residents typically save $250–$400 per closing.
What Ohio Law Requires
Governance (21)
- Applies only to property submitted to the act by execution and filing of a declaration. O.R.C. §5311.02
- Creating a condominium does not constitute a subdivision. O.R.C. §5311.02
- Required officers: president, secretary, treasurer. O.R.C. §5311.08
- Board may meet electronically or act by unanimous written consent. O.R.C. §5311.08
- Not less than one-fifth of directors expire annually. O.R.C. §5311.08
- All power exercised by a board of directors elected from unit owners or their spouses. O.R.C. §5311.08
- Board must adopt an annual budget including reserves adequate to repair and replace major capital items without special assessments, unless owners waive the reserve requirement annually by majority vote. O.R.C. §5311.081
- Explicitly excludes condominiums from the definition of planned community. O.R.C. §5312.01
- Defines key terms including planned community (where deeds/declarations require owners to join an association), common element, common expense, declaration, assessment, lot, and dwelling unit. O.R.C. §5312.01
- Bylaws must address election procedures, board size, powers, manager hiring, amendment procedures, meeting logistics, and assessment collection. O.R.C. §5312.02
- Applies to any planned community in Ohio. O.R.C. §5312.02
- Requires filing and recording a declaration and bylaws with the county recorder. O.R.C. §5312.02
- Board of directors is elected from owners and their spouses. O.R.C. §5312.03
- Declarant must establish the association before the first lot conveyance. O.R.C. §5312.03
- Board majority cannot consist of owners from the same lot. O.R.C. §5312.03
- Meeting notice days, quorum, and proxy voting are delegated to the bylaws. O.R.C. §5312.04
- Board must call at least one annual meeting of owners (except during declarant control). O.R.C. §5312.04
- Board meetings may be held electronically. O.R.C. §5312.04
- Special meetings may be called by the president, board majority, or owners representing 50% of voting power. O.R.C. §5312.04
- Removal of discriminatory provisions requires only simple majority board vote. O.R.C. §5312.05
- Enumerates 18 broad powers including budget adoption, hiring/firing, legal action, contracts, enforcement, rules adoption, property transactions, fee levying, borrowing, member discipline, insurance, and investments. O.R.C. §5312.06
Financial (3)
- Property must be fee simple or 99-year renewable leasehold. O.R.C. §5311.02
- Budget must include reserves adequate to repair and replace major capital items unless owners waive annually by majority vote. O.R.C. §5312.06
- Association or any owner may commence civil action for damages, injunctive relief, or both, and recover court costs and reasonable attorney fees. O.R.C. §5312.13
Assessment (6)
- Each lot's liability is determined by the declaration's allocation formula; if none, expenses are divided equally among all lots. O.R.C. §5312.10
- Board may impose interest on overdue assessments. O.R.C. §5312.10
- Board must assess common expenses annually based on an adopted budget. O.R.C. §5312.10
- No super-priority over first mortgages. O.R.C. §5312.12
- Association may place a lien for unpaid assessments that remain due more than 10 days after becoming payable. O.R.C. §5312.12
- May be foreclosed in the same manner as a mortgage on real property O.R.C. §5312.12
Reserves (1)
- Developer must provide written disclosure containing 15 categories including project description, financing, warranties, two-year budget projection, reserve fund information, and pending litigation. O.R.C. §5311.26
Disclosure (2)
- Applies only to developer sales, not existing owner resales. O.R.C. §5311.26
- Declarant control ends when all lots transfer to owners. O.R.C. §5312.03
Records (2)
- Records older than five years require board approval. O.R.C. §5312.07
- Owners may examine and copy books, records, and minutes under reasonable standards. O.R.C. §5312.07
Enforcement (9)
- Enumerates 21 powers including assessment collection, enforcement, hiring, and insurance. O.R.C. §5311.081
- Lien subordinate to real estate tax liens and previously recorded first mortgages. O.R.C. §5311.18
- Association has lien on units for unpaid common expenses. O.R.C. §5311.18
- No super-priority over first mortgages. O.R.C. §5311.18
- Judicial foreclosure only. O.R.C. §5311.18
- Certain categories restricted: personnel information, attorney-client communications, litigation work product, confidential contract details. O.R.C. §5312.07
- Judicial foreclosure only. O.R.C. §5312.12
- Lien is prior to subsequently arising encumbrances except tax liens and previously recorded first mortgages. O.R.C. §5312.12
- Association and individual owners must comply with all recorded covenants, conditions, restrictions, bylaws, and rules. O.R.C. §5312.13
Insurance (1)
- Board must maintain liability insurance, fire and extended coverage at minimum 90% of replacement cost, and fidelity/crime insurance for anyone with fund access in an amount equal to maximum funds in custody plus three months of operating expenses. O.R.C. §5311.16
Compliance (4)
- Declaration or bylaw amendments require consent of 75% of owners. O.R.C. §5312.05
- Termination of the declaration requires unanimous consent. O.R.C. §5312.05
- Addresses owner rights to install solar energy collection devices in planned communities, balancing owner installation rights with association architectural standards. O.R.C. §5312.16
- Enacted by SB 61 (2022). O.R.C. §5312.16
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
5
Enforcement and Fines
4
Fiduciary Duty
4
Governance Documents
3
Reserve Requirements
3
Developer Transition
2
Elections and Voting
2
Foreclosure and Liens
2
Meetings and Notice
2
Amendment Procedures
1
Architectural Review
1
Insurance Requirements
1
Records Access and Inspection
1
Resale Disclosure
1
Solar & Sustainability Rights
1
Each chip links to the Ohio statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
Ohio Condominium Act — Applicability
Applies only to property submitted to the act by execution and filing of a declaration. Property must be fee simple or 99-year renewable leasehold. Creating a condominium does not constitute a subdivision.
Ohio Condominium Act — Unit Owners Association
All power exercised by a board of directors elected from unit owners or their spouses. Required officers: president, secretary, treasurer. Not less than one-fifth of directors expire annually. Board may meet electronically or act by unanimous written consent.
Ohio Condominium Act — Powers and Duties of Board
Board must adopt an annual budget including reserves adequate to repair and replace major capital items without special assessments, unless owners waive the reserve requirement annually by majority vote. Enumerates 21 powers including assessment collection, enforcement, hiring, and insurance.
Ohio Condominium Act — Insurance
Board must maintain liability insurance, fire and extended coverage at minimum 90% of replacement cost, and fidelity/crime insurance for anyone with fund access in an amount equal to maximum funds in custody plus three months of operating expenses.
Ohio Condominium Act — Lien for Common Expenses
Association has lien on units for unpaid common expenses. No super-priority over first mortgages. Lien subordinate to real estate tax liens and previously recorded first mortgages. Judicial foreclosure only. Lien duration is 5 years from filing.
Ohio Condominium Act — Developer Disclosure Statement
Applies only to developer sales, not existing owner resales. Developer must provide written disclosure containing 15 categories including project description, financing, warranties, two-year budget projection, reserve fund information, and pending litigation.
Ohio Planned Community Law — Definitions
Defines key terms including planned community (where deeds/declarations require owners to join an association), common element, common expense, declaration, assessment, lot, and dwelling unit. Explicitly excludes condominiums from the definition of planned community.
Ohio Planned Community Law — Applicability
Applies to any planned community in Ohio. Requires filing and recording a declaration and bylaws with the county recorder. Bylaws must address election procedures, board size, powers, manager hiring, amendment procedures, meeting logistics, and assessment collection.
Ohio Planned Community Law — Administration; Board of Directors
Board of directors is elected from owners and their spouses. Board majority cannot consist of owners from the same lot. Declarant must establish the association before the first lot conveyance. Declarant control ends when all lots transfer to owners.
Ohio Planned Community Law — Election of Officers; Meetings
Board must call at least one annual meeting of owners (except during declarant control). Special meetings may be called by the president, board majority, or owners representing 50% of voting power. Board meetings may be held electronically. Meeting notice days, quorum, and proxy voting are delegated to the bylaws.
Ohio Planned Community Law — Amendments to Declaration or Bylaws
Declaration or bylaw amendments require consent of 75% of owners. Termination of the declaration requires unanimous consent. Removal of discriminatory provisions requires only simple majority board vote.
Ohio Planned Community Law — Powers and Duties of Association
Enumerates 18 broad powers including budget adoption, hiring/firing, legal action, contracts, enforcement, rules adoption, property transactions, fee levying, borrowing, member discipline, insurance, and investments. Budget must include reserves adequate to repair and replace major capital items unless owners waive annually by majority vote.
Ohio Planned Community Law — Examination of Books and Records
Owners may examine and copy books, records, and minutes under reasonable standards. Records older than five years require board approval. Certain categories restricted: personnel information, attorney-client communications, litigation work product, confidential contract details.
Ohio Planned Community Law — Common Expense Liability
Each lot's liability is determined by the declaration's allocation formula; if none, expenses are divided equally among all lots. Board must assess common expenses annually based on an adopted budget. Board may impose interest on overdue assessments.
Ohio Planned Community Law — Liens
Association may place a lien for unpaid assessments that remain due more than 10 days after becoming payable. No super-priority over first mortgages. Lien is prior to subsequently arising encumbrances except tax liens and previously recorded first mortgages. Judicial foreclosure only. Lien duration is 5 years from date of filing.
Ohio Planned Community Law — Compliance; Action for Damages
Association and individual owners must comply with all recorded covenants, conditions, restrictions, bylaws, and rules. Association or any owner may commence civil action for damages, injunctive relief, or both, and recover court costs and reasonable attorney fees.
Ohio Planned Community Law — Solar Energy Devices
Enacted by SB 61 (2022). Addresses owner rights to install solar energy collection devices in planned communities, balancing owner installation rights with association architectural standards.
Source: Ohio state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent Ohio HOA Legislation
Last action: Mar 4, 2026
Last action: Sep 30, 2025
2 HOA-relevant bills tracked for Ohio · refreshed May 2, 2026 · Source: LegiScan
Ohio HOA Fee Benchmark
$225
Avg Median Monthly Fee
$135 – $323
County Range
176686
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 88 counties with data.
Communities by City
Cincinnati
10
Cleveland
7
Columbus
5
Akron
2
Canton
2
Dayton
2
Loveland
2
North Olmsted
2
Perrysburg
2
Powell
2
Reynoldsburg
2
Westerville
2
Ashtabula
1
Bay Village
1
Berea
1
Bryan
1
Carrollton
1
Chesterland
1
Columbiana
1
Dresden
1
Englewood
1
Euclid
1
Fremont
1
Granville
1
Hamilton
1
Hilliard
1
Hillsboro
1
Houston
1
Howard
1
Kent
1
Lewisburg
1
Lima
1
Maineville
1
Marysville
1
Mentor
1
Miamitown
1
Minerva
1
Montgomery
1
Mount Gilead
1
Navarre
1
Nelsonville
1
Newark
1
New Concord
1
New Richmond
1
Northfield
1
Orient
1
Pickerington
1
Piketon
1
Put In Bay
1
Shreve
1
Solon
1
Stow
1
Strongsville
1
Sylvania
1
Twinsburg
1
Vaughnsville
1
Vienna
1
Warren
1
West Chester
1
Westlake
1
Wooster
1
Youngstown
1
Zoar
1
Free download · Email gated
Download the Ohio HOA & Condo Compliance Checklist
One PDF — every active Ohio statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Ohio Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations