reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5311.191 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5311 | Condominium Property|Section 5311.191 | Condominium Declaration Prohibiting Placement of Flag Unenforceable.

Effective: March 21, 2017|Latest Legislation:  House Bill 18 - 131st General Assembly|(A) No declaration, bylaw, rule, regulation, or agreement of a condominium property or construction of any of these items by the board of managers of its unit owners association shall prohibit any of the following: (1) The placement of a flagpole that is to be used for the purpose of displaying, or the display of the flag of the United States or the national league of families POW/MIA flag on or within the limited common areas and facilities of a unit owner or on the immediately adjacent exterior of the building in which the unit of a unit owner is located, if the flag is displayed in accordance with any of the following: (a) The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902, governing the display and use of the flag; (b) The recommended flagpole standards set forth in "Our Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998); (c) Any federal law, proclamation of the president of the United States or the governor, section of the Revised Code, or local ordinance or resolution. (2) T he placement of a flagpole that is to be used for the purpose of displaying, or the display of the flag of the state as defined in section 5.01 of the Revised Code on or within the limited common areas and facilities of a unit owner or on the immediately adjacent exterior of the building in which the unit of a unit owner is located, if the flag is displayed in accordance with a ny state law, local ordinance or resolution, or proclamation by the governor of the state ; (3) The display of a service flag approved by the United States secretary of defense for display in a window of the residence of a member of the immediate family of an individual serving in the armed forces of the United States. A service flag includes a blue star banner, a gold star banner, and any other flag the secretary of defense designates as a service flag.(B) Any display of the flag of the United States or the national league of families POW/MIA flag, shall use a flag or flag pole of an appropriate size, consistent with the size and character of the condominium buildings and common areas. (C) A declaration, bylaw, rule, regulation, or agreement or the construction of any of these items that violates division (A) of this section is against public policy and unenforceable in any court of this state to the extent it violates that division.
Ohio Rev Code § 5311.20 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5311 | Condominium Property|Section 5311.20 | Unit Owners Association May Sue or Be Sued.

Effective: July 20, 2004|Latest Legislation:  House Bill 135 - 125th General Assembly|In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the unit owners association by statute or otherwise, the unit owners association may sue or be sued as a separate legal entity. In any action of that nature, service of summons or other process may be made upon the unit owners association by serving the process personally upon the president or other designated representative of the unit owners association named in the declaration to receive service of process, or the person named as statutory agent of the association if it is an incorporated entity, or by leaving the process at the residence or place of business of a person named in the declaration or named as statutory agent. Any action brought by or on behalf of the unit owners association shall be pursuant to authority granted by the board of directors.
Ohio Rev Code § 5311.21 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5311 | Condominium Property|Section 5311.21 | Common Profits and Expenses Distributed.

Effective: July 20, 2004|Latest Legislation:  House Bill 135 - 125th General Assembly|Unless retained by the board of directors as reserves, the common profits of a condominium property shall be distributed among, and, except as provided in division (B) of section 5311.041 of the Revised Code, the common expenses shall be charged to the unit owners according to the undivided interests in the common elements appurtenant to their respective units.
Ohio Rev Code § 5311.22 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5311 | Condominium Property|Section 5311.22 | Voting.

Effective: July 20, 2004|Latest Legislation:  House Bill 135 - 125th General Assembly|(A) Unless otherwise provided in the declaration or bylaws, each unit owner may exercise that percentage of the total voting power of all unit owners on any question for which the vote of unit owners is permitted or required that is equivalent to the undivided interest in the common elements appurtenant to the owner's unit.(B) Fiduciaries who are owners of record of a unit or units may vote their respective interests as unit owners. Unless otherwise provided in the declaration or bylaws, if two or more persons, whether fiduciaries, tenants in common, or otherwise, own undivided interests in a unit, each person may exercise the proportion of the voting power of all of the owners of the unit that is equivalent to the person's proportionate undivided interest in the unit.(C) A fiduciary for a unit owner or of the estate of a unit owner may vote as though the fiduciary were the unit owner when the fiduciary has furnished to the unit owners association proof, satisfactory to it, of the fiduciary's appointment and qualification as an executor under the last will of a deceased unit owner, an administrator of the estate of a deceased unit owner, a guardian, committee, or conservator of the estate of a minor or incompetent who is a unit owner, a trustee in bankruptcy of a unit owner, a statutory or judicial receiver or liquidator of the estate or affairs of a unit owner, or an assignee for the benefit of creditors of a unit owner.(D) When any fiduciary or representative of a unit owner who is not described in division (C) of this section has furnished the unit owners association with satisfactory proof of authority, that person may vote as though a unit owner.
Ohio Rev Code § 5311.23 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5311 | Condominium Property|Section 5311.23 | Failure to Comply With Lawful Provision of Condominium Instruments.

Effective: July 20, 2004|Latest Legislation:  House Bill 135 - 125th General Assembly|(A) A declarant, developer, agent, or unit owner or any person entitled to occupy a unit is liable in damages in a civil action for harm caused to any person or to the unit owners association by that individual's failure to comply with any lawful provision of the condominium instruments.(B) Any interested person, including a unit owners association, may commence an action for a declaratory judgment to determine that person's legal relations under the condominium instruments or to obtain an injunction against a declarant, developer, agent, unit owner, or person entitled to occupy a unit who refuses to comply, or threatens to refuse to comply, with a provision of the condominium instruments.(C) In connection with either type of action described in this section, one or more unit owners may bring a class action on behalf of all unit owners. The lawful provisions of the condominium instruments, if necessary to carry out their purposes, may be enforced in either type of action against the condominium property or any person who owns or previously has owned any estate or interest in the condominium property.(D) An action by the unit owners association under this section may be commenced by the association in its own name, in the name of the board of directors, or in the name of the association's managing agent.
Ohio Rev Code § 5311.24 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5311 | Condominium Property|Section 5311.24 | Exceptions to Requirements for Written Instruments.

Effective: July 20, 2004|Latest Legislation:  House Bill 135 - 125th General Assembly|(A) Sections 5311.25 to 5311.27 of the Revised Code do not apply to any of the following, unless the method of disposing of the condominium property is adopted for the purpose of evading their provisions:(1) The sale of a condominium ownership interest solely for commercial or industrial purposes or uses;(2) The sale of real estate under or pursuant to court order;(3) The sale of real estate by the United States, by this state or any political subdivision of this state, or by any of their agencies or instrumentalities;(4) The sale of condominium ownership interests in individual dwelling units or individual water slip units and in their appurtenant common elements for the account of a person other than a declarant, developer, or agent when the sale is not conducted pursuant to the common promotional plan of the developer for sales in a condominium development.(B) A sale or offer to sell a condominium ownership interest does not exist when a reservation agreement is entered into that does not legally require a prospective purchaser to purchase a condominium ownership interest and under which the prospective purchaser may relinquish all rights and receive a full refund of all deposits, without penalty, at any time prior to entering into a contract to purchase a condominium ownership interest.
Ohio Rev Code § 5312.01 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.01 | Definitions.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|As used in this chapter: (A) "Assessment" means the liability for an expense that is allocated to a lot in a planned community.(B) "Bylaws" means an instrument filed with the declaration that provides for the operation of the owners association. "Bylaws" also is referred to as "regulations" pursuant to Chapter 1702. of the Revised Code.(C) "Common element" means any property in a planned community that the owners association holds in fee or has use of pursuant to a lease or easement.(D) "Common expense" means any expense or financial liability of the owners association, including allocations the association designates for reserves.(E) "Declarant" means the owner of property who executes and records a declaration that the property is a planned community.(F) "Declarant control" means the period of time in which the declarant controls the owners association by appointing or electing the members of the association's board of directors.(G) "Declaration" means an instrument a property owner executes and records to declare that the property is a planned community subject to the provisions of this chapter.(H) "Dwelling unit" means a detached building or the portion of a building that is designed and intended for use and occupancy for residential purposes by a single household or family.(I) "Limited common element" means a common element that a declaration designates as reserved for use by a certain lot or lots, to the exclusion of other lots.(J) "Lot" means a parcel or tract of land that is formed when a larger parcel of land is subdivided pursuant to Chapter 711. of the Revised Code, has a separate parcel number assigned by the county auditor, and is occupied or intended to be occupied by a dwelling unit.(K) "Owner" means a person who owns a lot in a planned community. "Owner" does not include any person that has an interest in a lot solely as security for an obligation.(L) "Owners association" means an organization that is comprised of owners of lots in a planned community and that is responsible for the administrative governance, maintenance, and upkeep of the planned community.(M) "Planned community" means a community comprised of individual lots for which a deed, common plan, or declaration requires any of the following:(1) That owners become members of an owners association that governs the community;(2) That owners or the owners association holds or leases property or facilities for the benefit of the owners;(3) That owners support by membership or fees, property or facilities for all owners to use.A condominium property as defined in section 5311.01 of the Revised Code is not a "planned community."
Ohio Rev Code § 5312.03 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.03 | Administration; Owners Association; Board of Directors.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|(A)(1) An owners association shall administer a planned community, and a board of directors the owners elect from among the owners and their spouses shall exercise all power and authority of the owners association. If an owner is not an individual, any principal, member of a limited liability company, partner, director, officer, trustee, or employee of the owner may be elected to the board. (2) Unless otherwise provided, a board of directors may carry out any action this chapter requires or allows an owners association to take, subject to any vote required of the owners.(B) A declarant shall establish an owners association not later than the date upon which the first lot in the planned community is conveyed to a bona fide purchaser for value. The owners association shall be organized as a nonprofit corporation pursuant to Chapter 1702. of the Revised Code.(C)(1) If provided in the declaration, a declarant may control the owners association for the period of time the declaration specifies. During the time of declarant control, the declarant or the declarant's designee may appoint and remove the members of the board. The period of declarant control shall terminate not later than the time at which all of the lots have been transferred to owners.(2) Not later than the termination of any period of declarant control, the owners shall elect a board of directors comprised of the number of members the declaration or bylaws specify.
Ohio Rev Code § 5312.04 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.04 | Election of Officers; Powers; Meetings.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|(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.
Ohio Rev Code § 5312.05 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.05 | Amendments to Declaration or Bylaws.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|(A) Unless otherwise specified in 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.
Ohio Rev Code § 5312.07 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.07 | Examination of Books and Records.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|(A) Unless otherwise prohibited by this section, any owner may examine and copy the books, records, and minutes of the owners association that division (C) of section 5312.06 of the Revised Code describes, pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates. The standards may include, but are not limited to, standards governing the type of documents that are subject to examination and copying, the times and locations at which those documents may be examined or copied, and the specification of a reasonable fee for copying the documents. (B) Unless approved by the board of directors, an owner may not examine or copy any of the following from books, records, and minutes:(1) Information that pertains to property-related personnel matters;(2) Communications with legal counsel or attorney work product pertaining to potential, threatened or pending litigation, or other property-related matters;(3) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements;(4) Information that relates to the enforcement of the declaration, bylaws, or rules of the owners association against other owners;(5) Information, the disclosure of which is prohibited by state or federal law.
Ohio Rev Code § 5312.08 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.08 | Common Elements; Maintenance, Repair and Replacement.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|(A) Unless otherwise provided by the declaration, the owners association is responsible for reasonable maintenance, repair, and replacement of the common elements, and each owner is responsible for maintenance, repair, and replacement of the owner's lot and improvements to that lot, including the dwelling unit and the utility lines serving that dwelling unit. (B) An owner shall permit agents or employees of the owners association and other owners access through the owner's lot and dwelling unit for the purpose of fulfilling the association's duties and obligations. Any damage to the common elements, lot, or dwelling unit due to that access is the responsibility of the owner that caused the damage or the owners association if it is responsible for the damage. That owner, or the owners association, is liable for the prompt repair of any damage and, if not repairable, for the value of the damaged property or item as it existed immediately prior to that damage.
Ohio Rev Code § 5312.09 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.09 | Assignment or Conveyance of Rights or Interest in Common Elements.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|(A)(1) 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. (2) The owners association may not convey any fee interest in a limited common element or subject a limited common element to a security interest without the approval of all of the owners of the lots to which the limited common element is allocated. Any proceeds of the conveyance of a limited common element are an asset of the owners association.(B) No contract to convey or subject a common element or a limited common element to a security interest is enforceable against the owners association unless it complies with division (A) of this section. The board of directors, on behalf of the owners association, has all powers necessary and appropriate to effect a conveyance or encumbrance that division (A) of this section permits, including the power to execute a deed or other instrument.
Ohio Rev Code § 5312.10 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.10 | Common Expense Liability.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|(A)(1) In accordance with its declaration, all costs the owners association incurs in the administration, governance, and maintenance of a planned community are common expenses. Unless otherwise provided in the declaration, all costs of the administration, operation, maintenance, repair, and replacement of the common elements are common expenses. (2) The common expense liability of each lot shall be allocated in accordance with the allocation set forth in the declaration. If the declaration does not establish any allocation, the common expense liability shall be allocated equally among all the lots.(3) The board of directors shall assess the common expense liability for each lot at least annually, based on a budget the board adopts at least annually.(B) The board shall charge interest on any past due assessment or installment at the rate the board establishes, not to exceed any maximum rate permitted by law.(C)(1) The board may not charge assessments for common expenses unless the declaration provides for or contemplates the charging of such assessments.(2) The board may not increase any assessment for common expenses when the declaration limits the amount of such assessments unless the owners amend the declaration as provided in division (A) of section 5312.05 of the Revised Code to allow the increased amount.
Ohio Rev Code § 5312.13 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5312 | Ohio Planned Community Law|Section 5312.13 | Compliance With Covenants, Conditions and Restrictions; Action for Damages.

Effective: September 10, 2010|Latest Legislation:  Senate Bill 187 - 128th General Assembly|The owners association and all owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with the bylaws and the rules of the owners association, as lawfully amended. Any violation is grounds for the owners association or any owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action.