Where do HOAs Get their Authority?
A homeowners’ association or condominium association derives its power from its governing documents, including a declaration and bylaws recorded in the county land records, and from state statutes authorizing community associations. In Ohio, homeowners and condominium associations are authorized by the Ohio Planned Community Law and Condominium Law, enacted as Chapters 5310 and 5311 of the Ohio Code, respectively. The two statutes are similar in their overall framework, though the condo statute goes into greater detail as to association powers and restrictions. Ohio HOA’s are afforded considerable flexibility, but if there is ever a conflict between an HOA’s declaration or bylaws and state law, the statute takes precedence.