Ohio Revised Code Search
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Section 5311.23 | Failure to comply with lawful provision of condominium instruments.
... type of action against the condominium property or any person who owns or previously has owned any estate or interest in the condominium property. (D) An action by the unit owners association under this section may be commenced by the association in its own name, in the name of the board of directors, or in the name of the association's managing agent. |
Section 5311.24 | Exceptions to requirements for written instruments.
... method of disposing of the condominium property is adopted for the purpose of evading their provisions: (1) The sale of a condominium ownership interest solely for commercial or industrial purposes or uses; (2) The sale of real estate under or pursuant to court order; (3) The sale of real estate by the United States, by this state or any political subdivision of this state, or by any of their agencies or instrum... |
Section 5311.25 | Required provisions for condominium instruments.
...der division (E)(1) of this section is limited to the installation of the appliances. (5) All warranties made to the developer that exceed time periods specified in division (E)(1) of this section with respect to any part of a unit shall be assigned to the purchaser of that unit and warranties with respect to any part of the common elements shall be assigned to the unit owners association. (F) The developer s... |
Section 5311.26 | Written statement of material circumstances or features affecting condominium development.
...jected for five years from the date the property is submitted to the provisions of this chapter. The report shall be based on facts reasonably ascertainable by the developer through inspection of relevant drawings and records and, to the extent permitted by the physical limits of the site, by personal inspection of the elements and systems. Any limits on the inspection shall be stated in the report. (H) A statement ... |
Section 5311.27 | Purchaser's remedies - attorney general actions.
...ainst the developer. (b) Any moneys or property recovered by the attorney general in an action under this section that, with due diligence within five years, cannot be restored to persons entitled to them shall be unclaimed funds reportable under Chapter 169. of the Revised Code. (c) No action may be brought by the attorney general under this section to recover for a transaction more than two years after the occurr... |
Section 5312.01 | Definitions.
... by a single household or family. (I) "Limited common element" means a common element that a declaration designates as reserved for use by a certain lot or lots, to the exclusion of other lots. (J) "Lot" means a parcel or tract of land that is formed when a larger parcel of land is subdivided pursuant to Chapter 711. of the Revised Code, has a separate parcel number assigned by the county auditor, and is occup... |
Section 5312.02 | Applicability of chapter; establishment of planned community.
...(A) Any planned community in this state is subject to this chapter. No person shall establish a planned community unless that person files and records a declaration and bylaws for that planned community in the office of the recorder of the county or counties in which the planned community is located. (B) Any declaration for a planned community shall be accompanied by bylaws that provide for the operation of the pl... |
Section 5312.03 | Administration; owners association; board of directors.
...rincipal, member of a limited liability company, partner, director, officer, trustee, or employee of the owner may be elected to the board. The majority of the board shall not consist of owners or representatives from the same lot unless authorized by a resolution adopted by the board of directors prior to the board majority being comprised of owners or representatives from the same lot. (2) Unless otherwise provid... |
Section 5312.04 | Election of officers; powers; meetings.
..., age, or ancestry, including, but not limited to, Chapter 4112. of the Revised Code. No private right of action additional to those conferred by the applicable state and federal anti-discrimination laws is conferred on any aggrieved individual by the preceding sentence. |
Section 5312.05 | Amendments to declaration or bylaws.
...nt, that limits the occupancy or use of property subject to this chapter on the basis of race, color, national origin, religion, sex, or familial status, requires only a majority vote of the board of directors of the owners association. |
Section 5312.06 | Powers and duties of owner's association.
...overning the lots, common elements, and limited common elements; (5) Adopt and enforce rules that regulate the maintenance, repair, replacement, modification, and appearance of common elements, and any other rules as the declaration provides; (6) Acquire, encumber, and convey or otherwise transfer real and personal property, subject to section 5312.10 of the Revised Code; (7) Hold in the name of the owners asso... |
Section 5312.07 | Examination of books and records.
...ing: (a) Information that pertains to property-related personnel matters; (b) Communications with legal counsel or attorney work product pertaining to potential, threatened or pending litigation, or other property-related matters; (c) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality re... |
Section 5312.08 | Common elements; maintenance, repair and replacement.
...epairable, for the value of the damaged property or item as it existed immediately prior to that damage. |
Section 5312.09 | Assignment or conveyance of rights or interest in common elements.
...n may not convey any fee interest in a limited common element or subject a limited common element to a security interest without the approval of all of the owners of the lots to which the limited common element is allocated. Any proceeds of the conveyance of a limited common element are an asset of the owners association. (B) No contract to convey or subject a common element or a limited common element to a se... |
Section 5312.10 | Common expense liability.
...mmon expenses. (2) The common expense liability of each lot shall be allocated in accordance with the allocation set forth in the declaration. If the declaration does not establish any allocation, the common expense liability shall be allocated equally among all the lots. (3) The board of directors shall assess the common expense liability for each lot at least annually, based on a budget the board adopts at... |
Section 5312.11 | Individual lot assessments.
...e following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge ... |
Section 5312.12 | Liens.
...ituated if the owner believes that the liability for the unpaid assessment or charge for which the owners association filed a certificate of lien was improperly charged. In the action, if it is finally determined that the unpaid amount of the assessment or charge was improperly charged to the owner or the lot, the court shall enter an order that it determines to be just, which may provide for a discharge of rec... |
Section 5312.13 | Compliance with covenants, conditions and restrictions; action for damages.
...The owners association and all owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with the bylaws and the rules of the owners association, as lawfully amended. Any violation is grounds for the owners association or any own... |
Section 5312.14 | Service of process.
...In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the owners association by statute or otherwise, the owners association may sue or be sued as a separate legal entity. Service of summons or other process may be made upon the owners association by serving the process personally upon the president of the board of directors or the person named as statutory... |
Section 5312.15 | Construction of chapter.
...This chapter shall be construed to establish a uniform framework for the operation and management of planned communities in this state and to supplement any planned community governing document that is in existence on the effective date of this chapter. In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control. ... |
Section 5312.16 | Solar energy collection devices.
... following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the unit owner must cure the violation to avoid the pro... |
Section 5313.01 | Land installment contract definitions.
...e vendor agrees to convey title in real property located in this state to the vendee and the vendee agrees to pay the purchase price in installment payments, while the vendor retains title to the property as security for the vendee's obligation. Option contracts for the purchase of real property are not land installment contracts. (B) "Property" means real property located in this state improved by virtue of a dwell... |
Section 5313.02 | Required provisions of land installment contracts.
... party; (3) A legal description of the property conveyed; (4) The contract price of the property conveyed; (5) Any charges or fees for services that are includable in the contract separate from the contract price; (6) The amount of the vendee's down payment; (7) The principal balance owed, which is the sum of the specified in divisions (A)(4) and (5) of this section less the specified in division (A)(6) of thi... |
Section 5313.03 | Biannual statements furnished to vendee.
...Every vendor under a land installment contract shall, at least once a year or on demand of the vendee, but no more than twice a year, furnish a statement to the vendee showing the following: (A) The amount credited to principal and interest; (B) The balance due. A land contract passbook issued by the vendor or a financial institution shall be sufficient compliance with this section. |
Section 5313.04 | Vendee to enforce chapter provisions.
...Upon the failure of any vendor to comply with Chapter 5313. of the Revised Code, the vendee may enforce such provisions in a municipal court, county court, or court of common pleas. Upon the determination of the court that the vendor has failed to comply with these provisions, the court shall grant appropriate relief. |