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Ohio Ch. 5312
Ohio Planned Community Law (Ohio Rev. Code Chapter 5312)Governs Ohio planned communities -- communities of individual lots whose deed, common plan, or declaration requires owners to belong to an owners association or support common property and facilities (Ohio Rev. Code Chapter 5312). Covers definitions, powers and duties of the owners association, examination of books and records, maintenance and repair of common elements, common expense liability and assessments, individual lot assessments and the enforcement-assessment hearing process, and the assessment lien (foreclosed judicially in the same manner as a mortgage). A condominium property under Chapter 5311 is expressly NOT a planned community.Official source
§ 5312.01
Defines the terms used throughout the Planned Community Law, including assessment, bylaws, common element, common expense, declarant, declaration, dwelling unit, limited common element, lot, owner, owners association, and planned community. A condominium property under section 5311.01 is expressly not a planned community.
§ 5312.06
Requires the owners association, through its board, to adopt a reserve-funded budget and collect assessments, and to maintain specified insurance, including property, liability, directors and officers, and fidelity coverage. Requires the association to keep books, records, minutes, and an owner roster, and vests the board with broad powers including hiring professionals, litigating, contracting, enforcing the declaration, adopting rules, levying late charges and enforcement assessments, and suspending privileges of delinquent owners.
§ 5312.07
Gives any owner the right to examine and copy the association's books, records, and minutes under reasonable standards the board sets. Lists the records an owner may not examine or copy without board approval, including records more than five years old and records involving personnel, attorney communications, contracts under negotiation, enforcement against other owners, and information whose disclosure is prohibited by law.
§ 5312.08
Makes the owners association responsible for reasonable maintenance, repair, and replacement of the common elements and each owner responsible for the owner's lot and dwelling unit, unless the declaration provides otherwise. Requires owners to permit access through their lots for the association to perform its duties, with the party that caused any damage responsible for prompt repair.
§ 5312.10
Defines common expenses, requires the common expense liability of each lot to be allocated as the declaration provides (or equally if the declaration is silent), and requires the board to assess that liability at least annually based on an annual budget. Allows the board to charge interest on past-due assessments and limits the board's authority to charge or increase assessments to what the declaration provides.
§ 5312.11
Authorizes the owners association to assess an individual lot for enforcement and utility assessments, damage caused by the owner or occupant, and enforcement costs. Sets the order in which payments are credited and requires a notice-and-hearing process, including a description of the violation, the proposed charge, and the right to request a hearing, before imposing a charge for damages or an enforcement assessment.
§ 5312.12
Creates the owners association's lien on a lot for unpaid assessments and charges levied under section 5312.11, effective upon recording a certificate of lien. The lien is a continuing lien, 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 by the association. An owner who believes a charge is improper may sue to discharge the lien.
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