The Ohio Condominium Property Act, O.R.C. § 5311 applies to condominiums as provided under sections 5311.02 below:

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.

See also Sections 5311.06(C), 5311.04(B), and 5311.04(C).

Section NameSection Number
Condominium property definitions.§ 5311.01
Chapter applicable to condominium property.§ 5311.02
Condominium units deemed real property.§ 5311.03
Relocation and reallocation of boundaries.§ 5311.031
Reallocation of rights to use of limited common elements.§ 5311.032
Conversion of convertible units.§ 5311.033
Common areas and facilities.§ 5311.04
Common expenses.§ 5311.041
Condominium declaration.§ 5311.05
Expandable condominium property.§ 5311.051
Action to contest change in percentage interests in common areas and facilities of unit owners.§ 5311.052
Declaration of condominium property filed and recorded.§ 5311.06
Condominium drawings.§ 5311.07
Unit owners association.§ 5311.08
Powers and duties of board of directors.§ 5311.081
Unit owners association records.§ 5311.09
Examination of books, records, minutes.§ 5311.091
Description of units in deed, mortgage, lease, other instrument of conveyance or encumbrance and lien.§ 5311.10
Each unit is separate parcel for taxation and assessment purposes.§ 5311.11
Liens and encumbrances paid prior to conveyance.§ 5311.12
Liens and encumbrances procedure.§ 5311.13
Repair or restoration of damages - sale.§ 5311.14
Condominium insurance.§ 5311.16
Removing condominium property from provisions of condominium law.§ 5311.17
Lien for common expenses.§ 5311.18
Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.§ 5311.19
Condominium declaration prohibiting placement of flag unenforceable.§ 5311.191
Solar energy collection device § 5311.192
Unit owners association may sue or be sued.§ 5311.20
Common profits and expenses distributed.§ 5311.21
Voting.§ 5311.22
Failure to comply with lawful provision of condominium instruments.§ 5311.23
Exceptions to requirements for written instruments.§ 5311.24
Required provisions for condominium instruments.§ 5311.25
Written statement of material circumstances or features affecting condominium development.§ 5311.26
Purchaser's remedies - attorney general actions.§ 5311.27
 

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Does Ohio Law Require An HOA Board to Seek Member Approval For An Assessment Increase?

The Act states that an HOA board “may not increase any assessment for common expenses when the declaration limits the amount of such assessments unless the owners amend the declaration…” O.R.C. §5312.10(C)(2). An amendment to the declaration requires a vote of approval from 75% of the association members. O.R.C. §5312.05(A). If the declaration does not limit assessments or otherwise set forth the manner in which assessments are calculated, then the statutory means of determining assessments will apply. 

Does Ohio Law Permit Compensation of any Type for HOA Directors?

The Act is silent as to compensation of board-members and officers.  However, among the permitted “powers of owner’s association” that an HOA may exercise “through its board of directors” are “powers…conferred by the declaration or bylaws…permitted to be exercised in [Ohio] by a nonprofit corporation…[or] necessary and proper for the government and operation of the owners association.” O.R.C. §5312.06. Ohio’s Nonprofit Corporation Law permits a nonprofit corporation to adopt regulations for the governance of the organization either within 90 days of the date of incorporation or, if later, by majority vote of the voting members. 

Does Ohio Law Require an HOA Board to Appoint Officers from the Elected Members of the Board?

The Act states that an HOA’s “declaration and bylaws shall provide for the following…The election of the board of directors…[and] The powers and duties of the board.” O.R.C. §5312.02(B).  The Act then provides that the “board of directors…shall elect officers from the members of the board, to include a president, secretary, treasurer, and other officers as the board designates.” O.R.C. §5312.04(A) (emphasis added).  Thus, to comply with the Act, an HOA must elect board-members in a manner established in its declaration and bylaws, and the board must then elect officers from among the elected board-members.

Protection Against Suspected Retaliation

As association has a duty to treat owners equally and enforce rules evenly.  Owners who believe they are being treated unfairly should become familiar with the declaration and bylaws to determine their rights vis-a-vis the association and board.  In some situations, it would be appropriate for an owner who is being singled out for maltreatment to pursue a civil action against the board for money damages or injunctive relief.  

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.

Is The Association The Final Decision Maker In A Dispute?

Ultimately, the final decision maker in any dispute between an HOA and an owner is a court of competent jurisdiction.  While an association can record a lien and suspend voting rights and common elements privileges for non-payment of assessments, a board does not otherwise have the authority to take “self-help” measures to enforce compliance and must enforce association rules through proper legal channels.  If an owner believes the board is exceeding its powers or not meeting its obligations, the owner can institute a civil suit to resolve the dispute.