reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.10 | Description of Units in Deed, Mortgage, Lease, Other Instrument of Conveyance or Encumbrance and Lien.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
In any deed, mortgage, lease, or other instrument of conveyance or encumbrance of, or by which a lien is created upon any interest or estate in any unit of condominium property, it is sufficient to describe the unit by setting forth the name of the condominium property, the number or other designation of the unit, and the numbers of the volumes and initial pages of the records of the declaration and drawings of the condominium property. This section does not require reference by volume and page to amendments to the declaration or the drawings of the condominium property that accompany an amendment, and the omission of any reference to amendments does not affect the validity of any deed, mortgage, lease, or other instrument referred to in this section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.11 | Each Unit Is Separate Parcel for Taxation and Assessment Purposes.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
Each unit of a condominium property and the undivided interest in the common elements appurtenant to it is deemed a separate parcel for all purposes of taxation and assessment of real property, and no other unit or other part of the condominium property shall be charged with the payment of those taxes and assessments.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.12 | Liens and Encumbrances Paid Prior to Conveyance.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
No owner of property submitted to the provisions of this chapter shall convey fee title to any unit of the condominium property until all liens and encumbrances, except taxes and assessments of political subdivisions not then due and payable, affecting both the unit and any other part of the condominium property are paid and satisfied, the unit is released from the operation of those liens and encumbrances, or the purchaser of the unit assumes the lien.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.14 | Repair or Restoration of Damages - Sale.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A) Unless provided otherwise in the declaration, damage to or destruction of all or any part of the common elements of a condominium property shall be promptly repaired and restored by the board of directors of the unit owners association. The cost of the repairs and restoration shall be paid from the proceeds of insurance, if any, payable because of the damage or destruction, and the balance of that cost is a common expense.
(B)(1) Unless provided otherwise in the declaration, in the event of damage to or destruction of all or any part of the common elements of a condominium property, the unit owners, by the affirmative vote of those entitled to exercise not less than seventy-five per cent of the voting power or a greater per cent if provided in the declaration, may elect not to repair or restore the damaged or destroyed common elements.
(2) Upon an election not to repair or restore, all of the condominium property is subject to an action for sale as upon partition at the suit of unit owners exercising a majority of the voting power of unit owners. If the condominium property is sold pursuant to division (B)(2) of this section, any net proceeds of the sale, the net proceeds of insurance, and any other indemnity arising because of the damage or destruction are considered as one fund for distribution to all unit owners in proportion to the undivided interests in the common elements appurtenant to their units.
No unit owner is entitled to receive any portion of those proceeds until all liens and encumbrances on the unit, except taxes and assessments of political subdivisions not then due and payable, are paid, released, or discharged.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.16 | Condominium Insurance.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 61 - 134th General Assembly
Unless otherwise provided by the declaration or bylaws, the board of directors shall maintain, with the cost to be a common expense, all of the following:
(A) Liability insurance for all unit owners, their tenants, and all persons lawfully in possession or control of any part of the condominium property in an amount that it determines for personal injury or property damage arising from or relating to the common elements;
(B) For the benefit of all unit owners, fire and extended coverage insurance on all buildings and structures of the condominium property in an amount not less than ninety per cent of the replacement cost;
(C)(1) Blanket fidelity, crime, or dishonesty insurance coverage for any person who controls or disburses association funds. As used in division (C)(1) of this section, "person who controls or disburses association funds" means any individual with authority or access to sign checks, conduct electronic transfers, or otherwise withdraw funds from any association account or deposit, including the following:
(a) A management company's principals and employees;
(b) A bookkeeper;
(c) The president, secretary, treasurer, any other board member, or employee of the unit owners association.
(2) All of the following apply to the insurance coverage required under division (C)(1) of this section:
(a) Coverage shall be for the maximum amount of funds that will be in the custody of the association or its designated agent at any one time plus three months of operating expenses.
(b) The insurance shall be the property of and for the sole benefit of the association and shall protect against theft, embezzlement, misappropriation, or any other unauthorized taking or loss of association funds.
(c) The policy shall include in its definition of "employee" the manager and the managing agent of the association's funds or provide for this inclusion by an endorsement to the policy.
(d) The policy shall name the association as the insured party and shall include a provision requiring the issuer of the policy to provide a ten-day written notice to the association's president or manager in the event of cancellation or substantial modification of the policy. The manager or managing agent, if any, of the association shall be the designated agent on the policy.
(e) If there is a change in the manager or the managing agent of the association, then within ten days of the effective start date, the new manager or managing agent shall notify the insurer of such change.
Last updated June 29, 2022 at 2:29 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.17 | Removing Condominium Property From Provisions of Condominium Law.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A) Unless otherwise provided by the declaration or division (B) of section 5311.14 of the Revised Code, the unit owners, by the affirmative vote of all unit owners, may elect to remove condominium property from the provisions of this chapter. In the event of that election, all liens and encumbrances, except taxes and assessments of political subdivisions not then due and payable, upon all or any part of the condominium property, shall be paid, released, modified, or discharged. A certificate setting forth that the election was made shall be filed with the recorder of the county or counties in which the condominium property is situated and recorded by each recorder. The certificate shall be signed as follows:
(1) By the president or other chief officer of the unit owners association, who shall certify in the certificate under oath that all liens and encumbrances, except taxes and assessments of political subdivisions not then due and payable, upon all or any part of the common elements have been paid, released, modified, or discharged;
(2) By the unit owners, each of whom shall certify in the certificate under oath that all liens and encumbrances on the owner's unit or units have been paid, released, modified, or discharged, except taxes and assessments of political subdivisions not then due and payable.
(B) A recorder shall not accept for recording any certificate pursuant to this section until a copy is filed with the auditor of the same county, and the certificate contains the auditor's endorsement that a copy is filed with the auditor.
(C) A condominium property is deemed removed from the provisions of this chapter upon the filing of the certificate with the recorder or recorders, and upon that removal, the property is owned in common by the unit owners. The undivided interest in the property owned by each unit owner is the undivided interest in the common elements appurtenant to the units in the condominium property previously owned by each owner.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.19 | Compliance With Deed Restrictions, Declaration, Bylaws and Administrative Rules and Regulations.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A) All unit owners, their tenants, all persons lawfully in possession and control of any part of a condominium property, and the unit owners association of a condominium property shall comply with all covenants, conditions, and restrictions set forth in a deed to which they are subject or in the declaration, the bylaws, or the rules of the unit owners association, as lawfully amended. Violations of those covenants, conditions, or restrictions shall be grounds for the unit owners association or any unit 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.
(B)(1) Except as otherwise provided in the declaration or the bylaws, a unit owners association may initiate eviction proceedings, pursuant to Chapters 5321. and 1923. of the Revised Code, to evict a tenant for a violation of division (A) of this section. The action shall be brought by the unit owners association, as the unit owner's agent, in the name of the unit owner.
(2) In addition to any procedures required by Chapters 5321. and 1923. of the Revised Code, the unit owners association shall give the unit owner at least ten days written notice of the intended eviction action.
(3) The costs of any eviction action brought pursuant to division (B)(1) of this section, including reasonable attorney's fees, shall be charged to the unit owner and shall be the subject of a special assessment against the offending unit and made a lien against that unit.
2023 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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.192 | Solar Energy Collection Devices.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 61 - 134th General Assembly
(A) Unless specifically prohibited in the declaration, any owner of a solar appropriate unit may install a solar energy collection device on the roof of that unit if either of the following conditions apply:
(1) The unit, as defined by the declaration, includes the roof, for which the cost to insure, maintain, repair, and replace is not a common expense and is instead the owner's responsibility.
(2) The declaration specifically allows for and regulates the types and installation of solar energy collection devices in the common or limited common elements and establishes responsibility for the cost to insure, maintain, repair, and replace such devices.
(B) Notwithstanding division (A) of this section, a unit owners association may establish reasonable restrictions concerning the size, place, and manner of placement of solar energy collection devices.
(C) As used in this section:
(1) "Solar appropriate unit" means a condominium unit that does not have any other condominium units directly above or below it.
(2) "Solar energy collection device" means any device manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus.
Last updated October 20, 2022 at 4:30 PM
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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."
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5312 | Ohio Planned Community Law › Section 5312.03 | Administration; Owners Association; Board of Directors.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 61 - 134th 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. The majority of the board shall not consist of owners or representatives from the same lot unless authorized by a resolution adopted by the board of directors prior to the board majority being comprised of owners or representatives from the same lot.
(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.
Last updated June 29, 2022 at 2:31 PM
2023 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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5312 | Ohio Planned Community Law › Section 5312.05 | Amendments to Declaration or Bylaws.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 61 - 134th General Assembly
(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.
Last updated June 29, 2022 at 2:32 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5312 | Ohio Planned Community Law › Section 5312.07 | Examination of Books and Records.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 61 - 134th 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 books, records, or minutes that meet either of the following conditions:
(1) Date back more than five years prior to the date of the request;
(2) Contain any of the following:
(a) Information that pertains to property-related personnel matters;
(b) Communications with legal counsel or attorney work product pertaining to potential, threatened or pending litigation, or other property-related matters;
(c) 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;
(d) Information that relates to the enforcement of the declaration, bylaws, or rules of the owners association against other owners;
(e) Information, the disclosure of which is prohibited by state or federal law.
Last updated June 29, 2022 at 2:34 PM
2023 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.
2023 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.
2023 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.
2023 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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5312 | Ohio Planned Community Law › Section 5312.14 | Service of Process.

Effective:
September 10, 2010
Latest Legislation:
Senate Bill 187 - 128th General Assembly
In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the owners association by statute or otherwise, the owners association may sue or be sued as a separate legal entity. Service of summons or other process may be made upon the owners association by serving the process personally upon the president of the board of directors or the person named as statutory agent of the association if it is an incorporated entity. Any action brought by or on behalf of the owners association shall be pursuant to authority granted by the board of directors.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5312 | Ohio Planned Community Law › Section 5312.15 | Construction of Chapter.

Effective:
September 10, 2010
Latest Legislation:
Senate Bill 187 - 128th General Assembly
This chapter shall be construed to establish a uniform framework for the operation and management of planned communities in this state and to supplement any planned community governing document that is in existence on the effective date of this chapter. In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control. This chapter shall control if any governing document is silent with respect to any provision of this chapter.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5312 | Ohio Planned Community Law › Section 5312.16 | Solar Energy Collection Devices.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 61 - 134th General Assembly
(A) Unless specifically prohibited in the declaration, any owner may install a solar energy collection device on the owner's dwelling unit or other location within the owner's lot if either of the following conditions apply:
(1) The cost to insure, maintain, repair, and replace the unit's roof or alternative location within the lot is not a common expense of the owners association and is instead the owner's responsibility.
(2) The declaration specifically allows for and regulates the types and installation of solar energy collection devices within the planned community and establishes responsibility for the cost to insure, maintain, repair, and replace such devices.
(B) Notwithstanding division (A) of this section, an owners association may establish reasonable restrictions concerning the size, place, and manner of placement of solar energy collection devices.
(C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing that includes all of the following:
(1) A description of the property damage or violation;
(2) The amount of the proposed charge or assessment;
(3) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment;
(4) A statement setting forth the procedures to request a hearing;
(5) A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment.
(D) As used in this section, "solar energy collection device" has the same meaning as in section 5311.192 of the Revised Code.
Last updated October 20, 2022 at 4:35 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.01 | Land Installment Contract Definitions.

Effective:
October 6, 1980
Latest Legislation:
Senate Bill 312 - 113th General Assembly
As used in Chapter 5313. of the Revised Code:
(A) "Land installment contract" means an executory agreement which by its terms is not required to be fully performed by one or more of the parties to the agreement within one year of the date of the agreement and under which the vendor agrees to convey title in real property located in this state to the vendee and the vendee agrees to pay the purchase price in installment payments, while the vendor retains title to the property as security for the vendee's obligation. Option contracts for the purchase of real property are not land installment contracts.
(B) "Property" means real property located in this state improved by virtue of a dwelling having been erected on the real property.
(C) "Vendor" means any individual, partnership, corporation, association, trust, or any other group of individuals however organized making a sale of property by means of a land installment contract.
(D) "Vendee" means the person who acquires an interest in property pursuant to a land installment contract, or any legal successor in interest to that person.
(E) "Legal description" means a description of the property by metes and bounds or lot numbers of a recorded plat including a description of any portion of the property subject to an easement or reservation, if any.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.03 | Biannual Statements Furnished to Vendee.

Effective:
November 25, 1969
Latest Legislation:
Senate Bill 156 - 108th General Assembly
Every vendor under a land installment contract shall, at least once a year or on demand of the vendee, but no more than twice a year, furnish a statement to the vendee showing the following:
(A) The amount credited to principal and interest;
(B) The balance due.
A land contract passbook issued by the vendor or a financial institution shall be sufficient compliance with this section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.04 | Vendee to Enforce Chapter Provisions.

Effective:
November 25, 1969
Latest Legislation:
Senate Bill 156 - 108th General Assembly
Upon the failure of any vendor to comply with Chapter 5313. of the Revised Code, the vendee may enforce such provisions in a municipal court, county court, or court of common pleas. Upon the determination of the court that the vendor has failed to comply with these provisions, the court shall grant appropriate relief.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.05 | Default of Vendee.

Effective:
November 25, 1969
Latest Legislation:
Senate Bill 156 - 108th General Assembly
When the vendee of a land installment contract defaults in payment, forfeiture of the interest of the vendee under the contract may be enforced only after the expiration of thirty days from the date of the default. A vendee in default may, prior to the expiration of the thirty-day period, avoid the forfeiture of his interest under the contract by making all payments currently due under the contract and by paying any fees or charges for which he is liable under the contract. If such payments are made within the thirty-day period, forfeiture of the interest of the vendee shall not be enforced.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.06 | Notice of Forfeiture.

Effective:
April 1, 1986
Latest Legislation:
House Bill 344 - 116th General Assembly
Following expiration of the period of time provided in section 5313.05 of the Revised Code, forfeiture of the interest of a vendee in default under a land installment contract shall be initiated by the vendor or by his successor in interest, by serving or causing to be served on the vendee or his successor in interest, if known to the vendor or his successor in interest, a written notice which:
(A) Reasonably identifies the contract and describes the property covered by it;
(B) Specifies the terms and conditions of the contract which have not been complied with;
(C) Notifies the vendee that the contract will stand forfeited unless the vendee performs the terms and conditions of the contract within ten days of the completed service of notice and notifies the vendee to leave the premises.
Such notice shall be served by the vendor or his successor in interest by handing a written copy of the notice to the vendee or his successor in interest in person, or by leaving it at his usual place of abode or at the property which is the subject of the contract or by registered or certified mail by mailing to the last known address of the vendee or his successor in interest.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.07 | Proceeding for Foreclosure and Judicial Sale.

Effective:
November 25, 1969
Latest Legislation:
Senate Bill 156 - 108th General Assembly
If the vendee of a land installment contract has paid in accordance with the terms of the contract for a period of five years or more from the date of the first payment or has paid toward the purchase price a total sum equal to or in excess of twenty per cent thereof, the vendor may recover possession of his property only by use of a proceeding for foreclosure and judicial sale of the foreclosed property as provided in section 2323.07 of the Revised Code. Such action may be commenced after expiration of the period of time prescribed by sections 5313.05 and 5313.06 of the Revised Code. In such an action, as between the vendor and vendee, the vendor shall be entitled to proceeds of the sale up to and including the unpaid balance due on the land installment contract.
Chapter 5313. of the Revised Code does not prevent the vendor or vendee of a land installment contract from commencing a quiet title action to establish the validity of his claim to the property conveyed under a land installment contract nor from bringing an action for unpaid installments.
Chapter 5313. of the Revised Code does not prevent the vendor and vendee from cancelling their interest in a land installment contract under section 5301.331 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.08 | Action for Forfeiture and Restitution.

Effective:
October 6, 1980
Latest Legislation:
Senate Bill 312 - 113th General Assembly
If the contract has been in effect for less than five years, in addition to any other remedies provided by law and after the expiration of the periods prescribed by sections 5313.05 and 5313.06 of the Revised Code, if the vendee is still in default of any payment the vendor may bring an action for forfeiture of the vendee's rights in the land installment contract and for restitution of his property under Chapter 1923. of the Revised Code. When bringing the action under Chapter 1923. of the Revised Code, the vendor complies with the notice requirement of division (A) of section 1923.04 of the Revised Code by serving notice pursuant to section 5313.06 of the Revised Code. The court may also grant any other claim arising out of the contract.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.09 | Instrument of Cancellation of Land Contract.

Effective:
November 25, 1969
Latest Legislation:
Senate Bill 156 - 108th General Assembly
(A) A judgment for the vendor shall operate to cancel the land installment contract as of a date to be specified by the court. The clerk of the county or municipal court in which such judgment is rendered shall transmit an authenticated copy of such dated judgment to the county recorder of the county in which the property is located.
The county recorder of such county shall record such authenticated judgment as an instrument of cancellation under section 5301.331 of the Revised Code.