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Home » US Law » 2022 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” […]

Section 5312.02 | Applicability of Chapter; Establishment of Planned Community.

Effective: September 13, 2022 Latest Legislation: Senate Bill 61 – 134th General Assembly (A) Any planned community in this state is subject to this chapter. No person shall establish a planned community unless that person files and records a declaration and bylaws for that planned community in the office of the recorder of the county […]

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 […]

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 […]

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 […]

Section 5312.06 | Powers and Duties of Owner’s Association.

Effective: September 13, 2022 Latest Legislation: Senate Bill 61 – 134th General Assembly (A) The owners association, through its board of directors, shall do both of the following: (1) Annually adopt and amend an estimated budget for revenues and expenditures. Any budget shall include reserves in an amount adequate to repair and replace major capital […]

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, […]

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 […]

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 […]

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 […]

Section 5312.11 | Individual Lot Assessments.

Effective: September 13, 2022 Latest Legislation: Senate Bill 61 – 134th General Assembly (A) An owners association may assess an individual lot for any of the following: (1) Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting […]

Section 5312.12 | Liens.

Effective: September 10, 2010 Latest Legislation: Senate Bill 187 – 128th General Assembly (A) The owners association has a lien upon the estate or interest in any lot for the payment of any assessment or charge levied in accordance with section 5312.11 of the Revised Code, as well as any related interest, administrative late fees, […]

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 […]

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 […]

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, […]