reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.21 | Construction.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 5309.02 to 5310.21, inclusive, of the Revised Code shall be construed liberally for the purpose of effecting its general intent.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.31 | Abolition of Registration Definitions.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
As used in sections 5310.31 to 5310.54 of the Revised Code:
(A) "Conclusive effect" means the conclusive effect of the notations on a certificate of title with regard to conveyances or encumbrances affecting registered land, as provided in sections 5309.06, 5309.24, 5309.28, 5309.34, 5309.93, 5310.02, and 5310.03 of the Revised Code or in any other statute having a similar effect.
(B) "Date of implementation" means the date, set by the county recorder under section 5310.38 of the Revised Code, as the date upon which implementation of a resolution of abolition is to begin.
(C) "Land registration" and "land registration system" mean the system of registering titles and conveyances and encumbrances of land provided for in Chapter 5309. and sections 5310.01 to 5310.21 of the Revised Code.
(D) "Nonabolishing county" means, in the case of a parcel of registered land that lies partly in two or more counties, one of which counties has abolished land registration, the county or counties that have not abolished land registration.
(E) "Resolution of abolition" means a resolution, adopted by a board of county commissioners under section 5310.36 of the Revised Code, that requires abolition of land registration in the county.
(F) "Traditional recordation" and "traditional recordation system" mean the system of recording deeds and other instruments for the conveyance or encumbrance of land contemplated by sections 317.08 and 5301.25 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.32 | County Resolution to Consider Merits of Abolishment of Land Registration.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
A board of county commissioners may adopt a resolution to consider the merits of abolishing land registration in the county. When a resolution of abolition has previously failed of adoption, it is not in order for the board to adopt a resolution under this section unless two years have elapsed since the date on which the last resolution of abolition failed of adoption.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.33 | Costs and Benefits of Maintaining Land Registration System.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
After adopting a resolution to consider the merits of abolishing land registration, the board of county commissioners shall collect evidence with regard to the costs and benefits of maintaining a land registration system in the county. The board shall collect the evidence by means of a public hearing, and by means of independent studies, investigations, interviews, surveys, and other research that it conducts or causes to be conducted. The board shall conduct the public hearing as provided in section 5310.35 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.35 | Public Hearing.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
The board of county commissioners shall conduct the public hearing required by section 5310.33 of the Revised Code in accordance with this section.
(A)(1) The board shall prepare a notice of the hearing that includes each of the following:
(a) A statement that the board is considering abolishing land registration in the county, that abolition would require the deregistration of all registered land in the county, and that after abolition all land in the county would have to be dealt with as nonregistered land;
(b) A statement that the board seeks evidence with regard to the matters listed in section 5310.34 of the Revised Code;
(c) The date, time, and place of the hearing, which shall be not earlier than two nor later than three months after the resolution to consider the merits of abolishing land registration was adopted by the board;
(d) A statement that any person affected by the proposed abolition of land registration may appear at the hearing and present evidence as provided in division (B) of this section.
(2) The board shall serve the notice by publication twice a week for two consecutive weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code. Publication of the notice shall be completed at least one month prior to the date set for the hearing.
(B) At the date, time, and place specified in the notice, the board shall conduct a hearing, which may be adjourned from day to day until complete, at which any person affected by the proposed abolition of land registration may appear in person, by attorney, or both, and present evidence, orally or in writing, with regard to the costs and benefits of maintaining land registration in the county. Any person who presents evidence may also present evidence refuting any evidence offered in opposition to the person's evidence.
The board shall cause a stenographic record to be made of the hearing. The president of the board, or a member the president designates, shall preside at the hearing.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.36 | Determination to Abolish Land Registration System.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
Within one month after conclusion of the public hearing required by section 5310.33 of the Revised Code, the board of county commissioners shall review and assess the evidence presented at the public hearing, as well as any other evidence that has been obtained by the board as a result of its independent studies, investigations, interviews, surveys, and other research.
The board shall determine, as a result of this review and assessment, whether the costs exceed the benefits of maintaining a land registration system in the county. If the board so finds, it may adopt a resolution of abolition that makes specific findings with regard to the costs and benefits and requires abolition of land registration in the county. If such a resolution of abolition is adopted, abolition of land registration shall be implemented as provided in section 5310.38 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.38 | Implementation of Resolution of Abolition.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
(A) A resolution of abolition shall not be implemented later than one month following its adoption.
(B) Within ten days after adoption of the resolution by the board of county commissioners, the recorder shall notify the board, the clerk of the court of common pleas, and the clerk of the probate court in writing of the adoption of the resolution of abolition and set the date upon which implementation of abolition of land registration in the county is to begin. The date thus set, which is the "date of implementation," shall be not later than one month after the day upon which the resolution was adopted.
If one or more parcels of land registered in the county lie partly in another county or counties, the recorder shall send a copy of the notice required by the preceding paragraph to the recorder, clerk of the court of common pleas, and clerk of the probate court of each such other county.
(C) Beginning on the date of implementation, winding up of land registration shall proceed to completion in the county, and to the extent required in any nonabolishing county, as provided in sections 5310.41 to 5310.54 of the Revised Code. Except as necessary for the winding up of land registration, Chapter 5309. and sections 5310.01 to 5310.21 of the Revised Code do not apply in the county on and after the date of implementation.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.41 | Registered Land After Abolition of System.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
Subject to sections 5310.44 and 5310.47 of the Revised Code, on and after the date of implementation, registered land in a county that has abolished land registration shall be dealt with the same as if it were not registered land, and instruments for its conveyance or encumbrance shall be recorded in the traditional recordation system, not in the land registration system. Until there has been a conveyance of the entire fee of such land, in preparing the prior instrument reference on each such instrument of conveyance or encumbrance, the certificate of title that pertains to the land shall be identified as the prior instrument.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.42 | Certificate of Title of Registered Land Effect After Abolition.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
A certificate of title that is transcribed or bound in the register of titles on the date of implementation in a county that has abolished land registration has the following effects on and after such date:
(A) Conclusive effect as to conveyances and encumbrances occurring before the date of implementation and noted on the certificate;
(B) Conclusive effect as to conveyances and encumbrances occurring before the date of implementation that, as of the date of implementation were not noted on the certificate, but the instruments for which had been filed for such notation;
(C) No conclusive effect with regard to conveyances or encumbrances occurring on or after the date of implementation.
The period of limitations prescribed in section 2305.04 of the Revised Code begins to run on the date of implementation with regard to any registered land in a county that has abolished land registration, the title to which land would, prior to the date of implementation, have been subject to acquisition by prescription or adverse possession but for section 5309.89 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.43 | Pending Cases Involving Application for Registration Effect After Abolition.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
No case involving an application for the registration of land that is pending on the date of implementation, including, but not limited to, cases arising under section 5309.05, 5309.29, 5309.45, 5309.46, 5309.60, or 5309.66 of the Revised Code, is affected by the abolition of land registration in the county. The case shall proceed, in the same manner, and with the same effects, as if land registration had not been abolished, to the entry of either a decree requiring registration or a decree dismissing the application for registration. A party aggrieved by the decree in such a case may appeal as provided in section 5309.84 of the Revised Code.
A certificate of title issued pursuant to a decree requiring registration relates back to and takes effect from the date of the decree, as provided in section 5309.26 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.44 | Pending Proceeding Relating to Registered Land Effect After Abolition.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
No proceeding relating to registered land that is pending before any court, the county recorder, or an examiner of titles on the date of implementation, including, but not limited to, proceedings arising under section 5309.27, 5309.43, 5309.44, 5309.52, 5309.61, 5309.69, 5309.71, 5309.76, 5309.81, 5309.83, or 5309.84 of the Revised Code, is affected by the abolition of land registration in the county. The proceeding shall be carried through to completion in the same manner, with the same effects, and with the same rights of appeal, as if land registration had not been abolished in the county.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.45 | Certificates of Title Resulting From Pending Proceedings.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
On and after the effective date of a certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code, land registered under the certificate shall be dealt with the same as if it were not registered land, and instruments for its conveyance or encumbrance shall be recorded in the traditional recordation system, not in the land registration system. Until there has been a conveyance of the entire fee of such land, in preparing the prior instrument reference on each such instrument of conveyance or encumbrance, the certificate of title that pertains to the land shall be identified as the prior instrument.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.46 | Effects of Certificate of Title.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
A certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code has the following effects:
(A) Conclusive effect as to conveyances and encumbrances occurring before the effective date of the certificate;
(B) No conclusive effect with regard to any conveyance or encumbrance occurring on or after the effective date of the certificate.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.47 | Abolition of Land Registration Does Not Bar Certain Actions.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
Abolition of land registration in a county does not bar either of the following:
(A) A person who is deprived of land, any interest therein, or any encumbrance thereon as the result of a decree obtained by fraud in a case relating to registered land or to the initial registration of land from filing a complaint to open up and review the case as provided in section 5309.23 or 5309.81 of the Revised Code;
(B) A person who has a cause of action under section 5310.07 of the Revised Code from commencing and prosecuting an action as provided in that section, subject to the period of limitation provided in section 5310.12 of the Revised Code. If judgment is rendered for the plaintiff in such an action, recovery shall be had as provided in sections 5310.09 to 5310.11 and 5310.13 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.48 | Duplicate Certificate of Title.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
On and after the date of implementation, with regard to registered land in a county that has abolished land registration:
(A) A duplicate certificate of title has no use other than as a copy of the certificate that is transcribed or bound in the register of titles;
(B) No person shall present, and the county recorder shall not accept, the duplicate as the instrument of any conveyance or encumbrance of the land to which it pertains.
The holder of a duplicate certificate of title that pertains to land in a county that has abolished land registration may present the duplicate to the county recorder with a request for its continuation. Upon receiving such a presentation and request, the recorder shall continue the certificate by entering thereon all notations that appear on the registered title but not on the duplicate, as well as notations of all conveyances or encumbrances occurring before the date of implementation, the instruments for which, as of the date of implementation, had been filed for notation, but as of receipt of the request for continuation, have not been noted on the registered title.
The recorder shall issue a replacement duplicate certificate of title, as provided in section 5309.31 of the Revised Code, for any certificate of title that is recorded in the traditional recordation system under section 5310.50 or 5310.51 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.49 | Jurisdiction After Abolition of Land Registration System.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
Except to the extent necessary to carry out the purposes of sections 5310.43, 5310.44, and 5310.47 of the Revised Code, on and after the date of implementation in a county that has abolished land registration:
(A) The court of common pleas and probate court of the county have no jurisdiction under Chapter 5309. or sections 5310.01 to 5310.21 of the Revised Code;
(B) No person shall file, and the clerk of the court of common pleas or clerk of the probate court of the county shall not accept, any application, pleading, or other paper commencing any action or proceeding arising under Chapter 5309. or sections 5310.01 to 5310.21 of the Revised Code except as contemplated by section 5310.44 or 5310.47 of the Revised Code.
On and after the date of implementation, the court of common pleas of the county shall phase out the office of examiner of titles. The court shall continue examiners in their positions only insofar as their services are required in matters contemplated by sections 5310.43, 5310.46, and 5310.47 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.50 | County Recorder Duties.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
Beginning on the date of implementation in a county that has abolished land registration, the county recorder shall:
(A) Continue all certificates of title that, on the date of implementation, were transcribed or bound in the register of titles, to reflect both of the following:
(1) Conveyances and encumbrances occurring prior to the date of implementation that, as of the date of implementation were not noted on the certificate, but the instruments for which had been filed for such notation;
(2) Matters subject to determination as the result of proceedings contemplated by section 5310.44 of the Revised Code.
(B) When the continuation of a certificate of title is complete, duplicate the certificate and record the duplicate as a muniment of title in the traditional recordation system. A duplicate certificate of title, filed in the traditional recordation system under this division, has the same effects under section 5310.42 of the Revised Code as the identical certificate bound or transcribed in the register of titles.
(C) Archive, in a safe, secure, and readily accessible place, the register of titles and the several other files, books, indexes, and other records that pertain to registered land;
(D) Record, as muniments of title in the traditional recordation system, instruments for the conveyance or encumbrance of registered land that, on and after the date of implementation, are filed for recordation in the traditional recordation system as provided in sections 5310.41 and 5310.45 of the Revised Code, rather than issuing a new certificate of title or entering a notation upon the certificate of title that pertains to the land.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.51 | Certificates of Title Resulting From Pending Actions.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
The county recorder, with regard to a certificate of title issued as the result of any proceeding contemplated by section 5310.43 or 5310.44 of the Revised Code, shall do both of the following:
(A) Transcribe or bind the certificate in the register of titles, the same as if land registration had not been abolished in the county. The recorder shall issue duplicates of such a certificate of title as provided in sections 5309.25 to 5309.27 of the Revised Code.
(B) Duplicate the certificate of title and record the duplicate as a muniment of title in the traditional recordation system. A duplicate certificate of title, filed in the traditional recordation system under this division, has the same effects under section 5310.46 of the Revised Code as the identical certificate bound or transcribed in the register of titles.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.52 | Parcel Lying Partly in Nonabolishing County.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
If a parcel of registered land lies partly in two or more counties, and one of the counties abolishes land registration, the portion lying in the nonabolishing county is subject to the following on and after the date of implementation:
(A) The portion shall be dealt with, and instruments for its conveyance or encumbrance recorded, as provided in sections 317.14 and 5310.41 of the Revised Code;
(B) The certificate of title pertaining to the portion has the effects stated in section 5310.42 of the Revised Code;
(C) Any proceedings pertaining to the portion as contemplated by section 5310.44 of the Revised Code that are pending on the date of implementation shall be carried through to completion as provided in that section. Upon conclusion of such proceedings, the portion shall be dealt with, and instruments for its conveyance or encumbrance recorded, as provided in section 5310.45 of the Revised Code. Any certificate of title that results from such proceedings has the effects stated in section 5310.46 of the Revised Code.
(D) Any person who has a cause of action with regard to the portion as contemplated by section 5310.47 of the Revised Code may commence and prosecute an action as provided in that section;
(E) Section 5310.48 of the Revised Code applies to any duplicate certificate of title that pertains to the portion;
(F) The court of common pleas and probate court of the nonabolishing county have jurisdiction with regard to the portion only as provided in section 5310.49 of the Revised Code;
(G) Subject to section 5310.54 of the Revised Code, the county recorder of the nonabolishing county shall proceed to deregister the portion in his county in the manner prescribed in sections 5310.50 and 5310.51 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.53 | Portion Lying Partly in Nonabolishing County.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
If, as the result of a proceeding contemplated by section 5310.43 of the Revised Code, a decree is entered requiring registration of a parcel of land that lies partly in two or more counties, the portion lying in each county shall be registered as provided in section 5309.25 and division (A) of section 5310.51 of the Revised Code, except that the portion lying in the nonabolishing county is subject to the following on and after its initial registration:
(A) The portion shall be dealt with, and instruments for its conveyance or encumbrance recorded, as provided in sections 317.14 and 5310.45 of the Revised Code;
(B) The certificate of title pertaining to the portion has the effects stated in section 5310.46 of the Revised Code;
(C) Any person who has a cause of action with regard to the portion as contemplated by section 5310.47 of the Revised Code may commence and prosecute an action as provided in that section;
(D) Section 5310.48 of the Revised Code applies to any duplicate certificate of title that pertains to the portion;
(E) The court of common pleas and probate court of the nonabolishing county have jurisdiction with regard to the portion only as provided in section 5310.49 of the Revised Code;
(F) Subject to section 5310.54 of the Revised Code, the county recorder of the nonabolishing county shall proceed to deregister the portion in the manner prescribed in section 5310.51 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5310 | Registration of Land Titles › Section 5310.54 | Nonabolishing County's Land Registration System.

Effective:
February 28, 1991
Latest Legislation:
House Bill 161 - 118th General Assembly
A nonabolishing county's land registration system, except insofar as required to carry out sections 5310.52 and 5310.53 of the Revised Code, shall remain intact and fully operational.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.02 | Chapter Applicable to Condominium Property.

Effective:
October 1, 1978
Latest Legislation:
House Bill 404 - 112th General Assembly
Chapter 5311. of the Revised Code applies only to property that is specifically submitted to its provisions by the execution and filing for record of a declaration by the owner, as provided in this chapter. In every instance, any property so submitted shall be either a fee simple estate or a ninety-nine year leasehold, renewable forever. Neither the submission of property to the provisions of this chapter, nor the conveyance or transfer of a condominium ownership interest constitutes a subdivision within the meaning of, or is subject to, Chapter 711. of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.03 | Condominium Units Deemed Real Property.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A) Each unit of a condominium property, together with the undivided interest in the common elements appurtenant to it, is real property for all purposes and is real estate within the meaning of all provisions of the Revised Code.
(B) A unit owner is entitled to the exclusive ownership and possession of the unit and to ownership of an undivided interest in the common elements as expressed in the declaration.
(C)(1) Each residential and commercial unit shall have a direct exit to a public street or highway, to a common element leading to a public street or highway, or to a permanent easement leading to a public street or highway.
(2) Each water slip unit shall have a direct exit to a body of water, to a common element leading to a body of water, or to a permanent easement leading to a body of water. Each water slip unit also shall have a direct exit to a public street or highway or to a common element leading to a public street or highway.
(D) Unless otherwise provided in the declaration or drawings:
(1) The boundaries of residential and commercial units are the interior surfaces of the perimeter walls, floors, and ceilings.
(2) Windows and doors, sashes, thresholds, frames, jambs, and hardware in the perimeter walls, floors, or ceilings of the unit are part of the unit.
(3) Supporting walls, fixtures, and other parts of the building that are within the boundaries of the unit but that are necessary for the existence, support, maintenance, safety, or comfort of any other part of the condominium property are not part of the unit.
(E)(1) Ownership of a residential unit includes the right to exclusive possession, use, and enjoyment of the interior surfaces of the perimeter walls, floors, and ceilings and of the supporting walls, fixtures, and other parts of the building within its boundaries, including the right to paint, tile, wax, paper, or otherwise finish, refinish, or decorate the unit.
(2) Ownership of a water slip unit includes the exclusive right to moor a watercraft in the portion of water above the water slip unit and the right to exclusive possession, use, and enjoyment of the piers or wharves that are within the boundaries of the water slip unit.
(3) Ownership of a commercial unit includes the right to exclusive possession, use, and enjoyment of the unit within the unit's boundaries.
(F) Each unit is subject to the right of access for the purpose of maintenance, repair, or service of any common element located within its boundaries or of any portion of the unit itself by persons authorized by the board of directors of the unit owners association. No maintenance, repair, or service of any portion of a unit shall be authorized, however, unless it is necessary in the opinion of the board of directors for public safety or in order to prevent damage to or destruction of any other part of the condominium property.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.031 | Relocation and Reallocation of Boundaries.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A) Except as otherwise provided in the declaration, the boundaries between adjoining units and appurtenant limited common elements may be relocated and the undivided interests in the common elements appurtenant to those units may be reallocated by an amendment to the declaration pursuant to the following procedures:
(1)(a) The owners of the adjoining units shall submit to the board of directors of the unit owners association a written application for the relocation and reallocation. The application shall be accompanied by the written consents of the holders of all liens on those units, except liens for real estate taxes and assessments not due and payable.
(b) In the application, the owners of the adjoining units may request a specific reallocation of their undivided interests in the common elements allocated to the adjoining units.
(2) Unless the board of directors finds any requested reallocation of the undivided interests in the common elements to be unreasonable, within thirty days after the board receives the application, the association shall prepare, at the expense of the owners of the adjoining units, an amendment to the declaration that is executed by the owners of the affected units and that includes all of the following:
(a) Identification of the affected units;
(b) Words of conveyance between the owners of the units;
(c) A specification of the undivided interests in the common elements, the proportionate shares of common surplus and common expenses, and the voting powers of each unit resulting from the relocation and reallocation, the total of which shall equal the interests, shares, and powers of the former adjoining units.
(3) At the expense of the owners of the affected units, the association shall record the amendment to the declaration together with both of the following:
(a) Any drawing, plat, or plans necessary to show the altered boundaries of the affected units;
(b) The dimensions and identifying number of each unit that results from the relocation and reallocation.
(B) Existing liens automatically shall attach to each unit that results from the relocation and reallocation.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.032 | Reallocation of Rights to Use of Limited Common Elements.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A) Except as otherwise provided in the declaration, rights to the use of limited common elements may be reallocated between or among units by an amendment to the declaration pursuant to the following procedures:
(1) The owners of the affected units shall prepare and execute at their expense an amendment to the declaration that identifies the affected units and specifies the reallocated rights to the affected limited common elements.
(2) The owners of the affected units shall submit to the board of directors of the unit owners association the amendment, accompanied by the written consents of the owners of all affected units and the holders of all liens on those units except liens for real estate taxes and assessments not due and payable.
(3) At the expense of the owners of the affected units, the unit owners association shall record the submitted amendment to the declaration.
(B)(1) If the declaration reserves any common element as an exclusive use area, the board of directors may delegate that common element to the use of a certain unit or units, to the exclusion of other units. The delegation of a common element may be subject to criteria that the unit owners association establishes, including the payment of an additional fee that is part of each benefited unit's common expenses and that is only to be used for the delegated common element.
(2) Nothing in division (B)(1) of this section affects a unit owner's right to exclusive use of any common element that the declaration designates as a limited common element appurtenant to the owner's unit.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.033 | Conversion of Convertible Units.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A)(1) Except as otherwise provided in the declaration, all or any portion of a convertible unit may be converted into one or more units or common elements, including limited common elements.
(2)(a) To cause the conversion, the owner shall prepare and execute an amendment to the declaration that describes the conversion and record the amendment together with the drawings described in division (E) of section 5311.07 of the Revised Code.
(b) The amendment shall specify the undivided interests in the common elements, proportionate shares of common surplus and common expenses, and the voting powers of each unit resulting from the conversion, the total of which shall equal the interest, share, and power of the unit that was converted. The amendment to the declaration shall assign an identifying number to each unit formed, allocate to each unit a portion of the undivided interest in the common elements appurtenant to the convertible unit, describe or delineate the limited common elements formed out of the convertible unit, and show or designate each unit to which those limited common elements are reserved.
(3) The conversion of a convertible unit pursuant to this section is deemed to occur at the time that all appropriate instruments are recorded in accordance with division (A)(2) of this section and division (E) of section 5311.07 of the Revised Code.
(B) A convertible unit that, in whole or in part, is not converted in accordance with this section shall be treated as a single unit until it is so converted.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.041 | Common Expenses.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A) All costs of the administration, operation, maintenance, repair, and replacement of common elements are common expenses.
(B)(1) The declaration, either as filed and recorded by the declarant pursuant to section 5311.06 of the Revised Code or as amended by a vote of the unit owners exercising not less than ninety per cent of the voting power of the unit owners association, may provide that, regardless of undivided interests, the following common expenses shall be computed on an equal per unit basis:
(a) Expenses that arise out of the administration, operation, maintenance, repair, and replacement of security, telecommunications, rubbish removal, roads, entrances, recreation facilities, landscaping, and grounds care;
(b) Legal, accounting, and management expenses.
(2) Expenses not included in division (B)(1) of this section shall be computed on the basis of the undivided interest in the common elements allocated to each unit.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.051 | Expandable Condominium Property.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
Land and improvements on the property of an expandable condominium property are considered added to the condominium property and submitted to the provisions of this chapter upon the declarant and all owners and lessees of the added land executing and filing for record pursuant to sections 5311.06 and 5311.07 of the Revised Code, an amendment to the declaration that contains the information, drawings, and plans with respect to the additional property and improvements required by those sections and by divisions (A) and (B) of section 5311.05 of the Revised Code. The amendment, pursuant to the declaration and section 5311.04 of the Revised Code, shall allocate and reallocate undivided interests in the common elements of the condominium property appertaining to each unit of the condominium property. The execution and filing for record of an amendment submitting additional property to an expandable condominium property is an effective amendment of the declaration without a vote of the unit owners.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.052 | Action to Contest Change in Percentage Interests in Common Areas and Facilities of Unit Owners.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
If a condominium property for which the declaration was filed with a county recorder prior to October 1, 1978, has been expanded by the addition of units in accordance with the declaration, and if the unit owners do not commence an action to contest the change in the undivided interests in the common elements in a court of competent jurisdiction within two years after the date that the amendment was filed with the county recorder, each of the unit owners of the condominium property as expanded is deemed to have assented to and ratified the amendment, and the undivided interests in the common elements of the unit owners is no longer contestable.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.06 | Declaration of Condominium Property Filed and Recorded.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A)(1) A declaration of condominium property shall be filed and recorded in the office of the recorder of the county or counties in which the land or water slips described in the declaration are situated. All original declarations when filed shall be accompanied by a set of drawings of the condominium property as required by section 5311.07 of the Revised Code and a true copy of the bylaws of the unit owners association as required by section 5311.08 of the Revised Code.
(2) Any amendment to the declaration that effects any change in the bylaws or drawings, including an amendment to add additional land or an improvement to the condominium property, shall be accompanied by a true copy of the change in the bylaws and drawings.
(B) A recorder shall not accept any declaration or amendment and any bylaws and drawings for recording until a copy of the declaration or amendment and the bylaws and drawings have been filed with the auditor of the county and the declaration or amendment contains the auditor's certification that a copy of the declaration or amendment and any bylaws and drawings have been filed with the auditor.
(C) No interest in a unit shall be conveyed until the declaration, bylaws, and drawings, certified as required by this section, have been filed for record. Errors or omissions in the declaration, bylaws, or drawings do not affect the title of a grantee of a unit.
(D) This section does not prohibit a developer and a purchaser from entering into an agreement for the sale of a condominium ownership interest prior to filing the documents that create that condominium ownership interest.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.07 | Condominium Drawings.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A)(1) A set of drawings shall be prepared for every condominium property that graphically shows the boundaries, location, designation, length, width, and height of each unit; the boundaries, location, designation, and dimensions of the common elements and the limited common elements and exclusive use areas; and the location and dimensions of all appurtenant easements or encroachments.
(2) If the condominium property is not contiguous, the drawings shall show the distances between parcels of land or water slips.
(3) The drawings for commercial units that do not have wall surfaces shall show the monumental perimeter boundaries of those units.
(4) The drawings need not show interior walls or partitions that are not load-bearing.
(B) Each drawing shall bear both of the following:
(1) The certified statement of a registered architect or registered professional engineer that the drawing accurately shows each building or water slip as built or constructed;
(2) The certified statement of a registered professional surveyor that the drawing accurately reflects the location of improvements and recorded easements.
(C) If some, but not all, portions of the condominium property are to be held by unit owners in a leasehold estate, the drawings shall show the location and dimensions of each portion and shall label the portion as leased land or as leased property. If there is more than one portion of leased land or leased property, the drawings shall label each portion in a manner that is different from the labels designating any other portions of the leased land or leased property and different from the identifying number of any unit.
(D) If the condominium property contains any improvements other than units, the drawings or amendments shall indicate which, if any, of the improvements have been begun but have not been substantially completed by the use of the phrase "(NOT YET COMPLETED)."
(E)(1) If any owner of a convertible unit converts all or any portion of a convertible unit into one or more units and common elements, including limited common elements, the owner shall prepare, file, and record drawings as described in divisions (E)(2) and (3) of this section that pertain to the portion of the building, improvement, or structure that constituted the former convertible unit.
(2) The drawings shall show the boundaries, location, designation, length, width, and height of each unit formed out of the former convertible unit; the boundaries, location, designation, and dimensions of the limited common elements appurtenant to each unit; and the boundaries, location, designation, and dimensions of any common element formed out of the former convertible unit.
(3) Each drawing shall bear the certified statement of a registered architect or registered professional engineer that the drawing accurately shows the units, common elements, and appurtenant limited common elements formed out of the former convertible unit.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.09 | Unit Owners Association Records.

Effective:
July 20, 2004
Latest Legislation:
House Bill 135 - 125th General Assembly
(A)(1) The unit owners association shall keep all of the following:
(a) Correct and complete books and records of account that specify the receipts and expenditures relating to the common elements and other common receipts and expenses;
(b) Records showing the allocation, distribution, and collection of the common profits, losses, and expenses among and from the unit owners;
(c) Minutes of the meetings of the association and the board of directors;
(d) Records of the names and addresses of the unit owners and their respective undivided interests in the common elements.
(2) Within thirty days after a unit owner obtains a condominium ownership interest, the unit owner shall provide the following information in writing to the unit owners association through the board of directors:
(a) The home address, home and business mailing addresses, and the home and business telephone numbers of the unit owner and all occupants of the unit;
(b) The name, business address, and business telephone number of any person who manages the owner's unit as an agent of that owner.
(3) Within thirty days after a change in any information that division (A)(2) of this section requires, a unit owner shall notify the association, through the board of directors, in writing of the change. When the board of directors requests, a unit owner shall verify or update the information.
(B)(1) When elected members of a board of directors of a unit owners association take control of the association, the declarant or developer shall deliver to the board correct and complete copies of all of the following:
(a) The books, records, and minutes referred to in division (A) of this section;
(b) The declaration, the bylaws, the drawings prepared pursuant to section 5311.07 of the Revised Code, as recorded, and any articles of incorporation of the unit owners association, as recorded;
(c) Except in the case of a conversion condominium, documents, information, and sources of information concerning the location of underground utility lines, and plans and specifications that are not proprietary or copyrighted, of the buildings, other improvements, and structures of the condominium property that are reasonably available to the developer, but only in connection with condominium developments declared on or after the effective date of this amendment and condominium developments that are declared prior to that date but originally built or constructed on or after that date.
(2) The board of directors may commence a civil action on behalf of the unit owners association in the court of common pleas of the county in which the condominium property is located to obtain injunctive relief or recover damages for harm resulting from the declarant's or developer's failure to comply with division (B)(1) of this section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5311 | Condominium Property › Section 5311.091 | Examination of Books, Records, Minutes.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 61 - 134th General Assembly
(A) Except as otherwise prohibited by this section, any member of a unit owners association may examine and copy the books, records, and minutes described in division (A) of section 5311.09 of the Revised Code pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates, which 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, a unit 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 condominium property-related personnel matters;
(b) Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium 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 unit owners association against unit owners;
(e) Information the disclosure of which is prohibited by state or federal law.
Last updated June 29, 2022 at 2:28 PM