Which State Official has Jurisdiction over HOA’s in Ohio?
The Act does not delegate rulemaking or enforcement authority over HOA’s to any specific executive officer or agency. Ohio HOA’s are required to organize as nonprofit corporations. O.R.C. §5312.03(B). Thus, with regard to its organizational structure and general management, an association is subject to the authority of the Ohio Secretary of State. To the extent an HOA’s activities implicate any consumer protection statutes, the HOA is subject to the enforcement power of the Ohio Attorney General.
The Act anticipates that enforcement will occur through the judicial system. O.R.C. §5312.13. Jurisdiction of actions by or against an HOA rests principally with the Court of Common Pleas of the county in which the development is located. O.R.C. §2305.01. However, a civil action in which the amount in controversy does not exceed six thousand dollars ($6,000.00) may be brought in small claims court. O.R.C. §1925.02(A)(1).