Ohio HOA & Condo Laws
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
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 …
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 …
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 …
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 …
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 …
Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.
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 …
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, …
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 …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
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 …
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 …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
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 …
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 …
Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.
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, …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
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 …
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 …
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 …
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, …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
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, …
Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.
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 …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
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 …
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 …
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 …
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 …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
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 …
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 …
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 …
How HOAs amend their governing documents — voting thresholds, recording requirements, notice procedures, and limitations on what can be amended. Covers both CC&R amendments and bylaw changes.
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 …
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
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 …
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 …
Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …
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.
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
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, …
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 …
Owner rights to install solar panels, EV charging stations, heat pumps, and other sustainability improvements. State solar access laws, EV-ready building codes, and limitations on association authority to restrict green …
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.