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Ohio Ch. 5311
Ohio Condominium Property Act (Ohio Rev. Code Chapter 5311)Governs property submitted to the condominium form of ownership in Ohio under Revised Code Chapter 5311. Covers definitions, powers and duties of the unit owners association board of directors, association records and the developer turnover of records, the continuing lien for common expenses (foreclosed judicially in the same manner as a mortgage), and compliance and enforcement of the declaration, bylaws, and rules. A condominium under Chapter 5311 is expressly NOT a planned community under Chapter 5312.Official source
§ 5311.01
Defines the terms used throughout the Condominium Property Act, including agent, common assessments, common elements, common expenses, condominium, condominium instruments, declarant, declaration, developer, limited common elements, unit, unit owner, and unit owners association.
§ 5311.081
Requires the board to annually adopt a reserve-funded budget and collect assessments, and vests in the board broad powers to manage the condominium, including hiring and firing professionals, litigating, contracting, adopting rules, imposing late charges and reasonable enforcement assessments after a notice-and-hearing process, suspending privileges of delinquent owners, and exercising powers of a nonprofit corporation.
§ 5311.09
Requires the unit owners association to keep books and records of account, records of the allocation and collection of common expenses, minutes, and a roster of unit owners. Requires owners to give the association their contact information, and requires the declarant or developer to deliver the books, records, and governing documents to the board on turnover, enforceable by a civil action.
§ 5311.18
Creates a continuing lien on a unit for unpaid common expenses, interest, late fees, enforcement assessments, and collection costs effective upon recording a certificate of lien. The lien is prior to later liens except tax liens and recorded first mortgages, and may be foreclosed judicially in the same manner as a mortgage on real property in an action brought on behalf of the association. A unit owner who believes a charge is improper may sue to discharge the lien.
§ 5311.19
Requires all unit owners, tenants, occupants, and the association to comply with the governing documents, and makes violations grounds for a civil action for damages, injunctive relief, court costs, and attorney fees. Authorizes the association, as the owner's agent, to evict a tenant for a violation after at least ten days written notice, with the costs charged to the unit owner and made a lien against the unit.
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