HOA LAWS AND REGULATIONS

  • Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of Ohio.

  • The Ohio Fair Housing Law, O.R.C. § 4112. The law prohibits housing discrimination based on race, color, religion, sex, military status, familial status, ancestry, disability, or national origin. O.R.C. § 4112.02. The Act applies the protections provided under the American with Disabilities Act (ADA) and Fair Housing Act (FHA) at the state level. Victims of housing discrimination can file a complaint with the Ohio Civil Rights Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in federal district court within two (2) years of the discriminatory act.

  • Prohibited debt collector communications and conduct, O.R.C. § 1321.45. The law regulates debt collection at the state level and contains provisions similar to the Federal Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair or deceptive practices when attempting to collect a debt. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.” Victims of harassment or unfair collection practices can report a debt collector to the state’s Attorney General’s Office, the FTC, or the CFPB. Victims may also file a lawsuit against a debt collector in state or federal court within one year from the date of the violation, under the FDCPA.

  • Ohio Nonprofit Corporation Law, O.C.R. § 1702.01, et seq.: This law governs non-profits with regard to corporate structure and procedure. If an association is a non-profit, as is the case with most Ohio associations, it it will be governed by the Ohio Nonprofit Corporation Law. Visit the Ohio Secretary of State to search an association’s corporate status, and view the articles of incorporation.

  • Ohio Condominium Property Act, O.R.C. § 5311, et seq.: The Act regulates the formation, management, powers, and operation of condominiums in Ohio.

  • Ohio Planned Community Law, O.R.C. § 5312.01, et seq.: The Act governs the formation, management, powers, and operations of planned communities in the state of Ohio. The Act requires that every association record a declaration and bylaws with the office of the recorder of the county in which the association is located. O.R.C. § 5312.02.

SOLAR PANELS

  • Solar access easement requirements, O.R.C. § 5301.63 - The statute provides that for the purpose of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a written solar access easement to another. The statute also provides guidelines for the composition of the solar access easements conveyed after the effective date of the statute.

  • National Renewable Energy Laboratory - The agency provides data sets, maps, models, and tools for the analysis of energy and energy-efficiency technologies.

LEGAL RESOURCES

  • Ohio Revised Code (OCR) - Access the general laws of the state of Ohio. The Revised Code contains all the current laws of the state of Ohio.

  • Ohio Administrative Code (OAC) - Access the rules adopted by government agencies of the state of Ohio.

  • Ohio State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and records to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.

  • The Supreme Court of Ohio & The Ohio Judicial System - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

  • Ohio Legal Services - The organization provides legal help information, self-help tools and connections to local legal and community resources.

GOVERNMENT AGENCIES

HOA CONTACT INFORMATION AND DOCUMENTS

  • HOA Directory - The Ohio Secretary of State gives the public the ability to search for corporation information, including an association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation. To locate relevant HOA information, enter the legal same of the subdivision or community.

  • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.