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. |
Section 3955.18 | Immunity.
...l arise against any member insurer, the Ohio insurance guaranty association or its agents or employees, the board of directors, or the superintendent of insurance or his representatives, including the office of the deputy liquidator and its employees, for any act or omission in the performance of their powers and duties under sections 3955.01 to 3955.19 of the Revised Code. |
Section 3955.19 | Staying pending proceedings involving insolvent insurers.
...To permit a proper defense by the Ohio insurance guaranty association of all pending causes of action, all proceedings in which an insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed for six months, and such additional time thereafter as may be determined by the court in which the proceedings are pending or with jurisdiction over the proceedings, from the date the... |
Section 4164.01 | Definitions.
...herwise requires, "authority" means the Ohio nuclear development authority created and constituted under section 4164.04 of the Revised Code. |
Section 4164.02 | Intent - model language.
...It is the intent of the general assembly in enacting this chapter of the Revised Code to encourage its use as a model for future legislation to further the pursuit of innovative research and development for any industry in this state. |
Section 4164.04 | Creation of Ohio nuclear development authority.
...thin the department of development, the Ohio nuclear development authority. The authority's exercise of powers conferred by this chapter is the performance of an essential governmental function and addresses matters of public necessity for which public moneys may be spent. |
Section 4164.05 | Authority membership; length of terms.
...(A) The authority shall consist of nine members appointed by the governor, representing the following three stakeholder groups within the nuclear-engineering-and-manufacturing industry: (1) Safety; (2) Industry; (3) Engineering research and development. (B)(1) A member appointed from the safety group shall hold at least a bachelor's degree in nuclear, mechanical, chemical, or electrical engineering and at... |
Section 4164.051 | Appointment by governor.
...The governor shall appoint members and fill vacancies in the membership of the authority. |
Section 4164.053 | Appointments subject to senate advice and consent.
...All appointments by the governor to the authority are subject to the advice and consent of the senate. |
Section 4164.07 | Performance of duties commence on appointment.
...Immediately after appointment to the authority under section 4164.05 of the Revised Code, the members shall enter upon the performance of their duties. |
Section 4164.08 | Office or employment not forfeited by membership or service.
...Notwithstanding any law to the contrary, no officer or employee of this state shall be deemed to have forfeited, or shall have forfeited, the officer's or employee's office or employment due to acceptance of membership on the authority or by providing service to the authority. |
Section 4164.10 | Purpose of authority.
...The authority is established for both of the following purposes: (A) To be an information resource for this state, the United States nuclear regulatory commission, all branches of the United States military, and the United States department of energy on advanced-nuclear-research reactors, isotopes, and isotope technologies; (B) To make this state all of the following: (1) A leader in the development and cons... |
Section 4164.11 | Powers of authority.
...opment of education programs related to Ohio's isotope industry. |
Section 4164.12 | Department of development support by agreement.
...For the purpose of carrying out the Ohio nuclear development authority's duties under the Revised Code, the authority may make use of the staff and experts employed at the department of development in such manner as is provided by mutual arrangement between the authority and the department. |
Section 4164.13 | Open meetings law.
...Meetings of the authority shall be held in compliance with section 121.22 of the Revised Code. |
Section 4164.15 | Collaboration regarding commercializing advance-nuclear-reactor components.
...The authority shall work with industrial and academic institutions and the United States department of energy or branches of the United States military for the commercialization of advanced-nuclear-reactor components, which may include any of the following: (A) Advanced-nuclear-reactor-neutronics analysis and experimentation, including reactor, plant, shielding, nuclear data, source-program software, nuclear datab... |
Section 4164.16 | Priority for nuclear waste reduction and isotope production projects.
...The authority shall give priority to projects that reduce nuclear waste and produce isotopes. |
Section 4164.18 | Annual report.
...On or before the fourth day of July of each year, the authority shall submit an annual report of its activities to the governor, the speaker of the house of representatives, the president of the senate, and the chairs of the house and senate committees that oversee energy-related issues. The report shall be posted to the authority's web site. |
Section 4164.19 | Agreements not superseded.
...Nothing in this chapter shall be construed to supersede any agreement between the department of health and the United States nuclear regulatory commission entered into under section 3748.03 of the Revised Code. |
Section 4313.01 | Definitions.
...acilities establishment fund. (B) "JobsOhio" means the nonprofit corporation formed under section 187.01 of the Revised Code and includes any subsidiary of that corporation unless otherwise specified or clearly implied from the context, together with any successor or assignee of that corporation or any such subsidiary if and to the extent permitted by the transfer agreement or Chapter 187. of the Revised Code. ... |
Section 4313.02 | Transfer of enterprise acquisition project to JobsOhio.
...nd its subdivisions, including, but not limited to, the taxes levied pursuant to Chapters 718., 5739., 5741., 5747., and 5751. of the Revised Code. Any transfer from the state to JobsOhio of the enterprise acquisition project, or item included or to be included in the project, shall be exempt from the taxes levied pursuant to Chapters 5739. and 5741. of the Revised Code. (B) The proceeds of any transfer under divi... |
Section 4712.01 | Credit services organization act definitions.
...t, security deed, or other lien on real property. (F) "Mortgage banker" means any person that makes, services, or buys and sells mortgage loans and is approved by the United States department of housing and urban development, the United States department of veterans affairs, the federal national mortgage association, or the federal home loan mortgage corporation. (G) "Superintendent of financial institutions" inclu... |
Section 4712.02 | Certificate of registration.
...(A) A credit services organization shall file a registration application with, and receive a certificate of registration from, the division of financial institutions before conducting business in this state. The registration application shall be accompanied by a one-hundred-dollar fee and shall contain all of the following information: (1) The name and address of the credit services organization; (2) The name a... |
Section 4712.03 | Suspension, revocation or refusal of certificate of registration.
...After notice and a hearing conducted in accordance with Chapter 119. of the Revised Code, the superintendent of financial institutions may suspend, revoke, or refuse to issue or renew a certificate of registration if any of the following conditions applies to the applicant for registration or registrant: (A) The applicant or registrant obtained a certificate of registration through any false or fraudulent representa... |
Section 4712.04 | Providing buyer with written statement of rights.
...ng Practices Rights of Consumers Under Ohio and Federal Law Under the federal Fair Credit Reporting Act, you have all of the following legal rights: You have a right to obtain a copy of your credit report from a consumer reporting agency. You may be charged a reasonable fee. However, there is no fee if you have been turned down within the preceding sixty days for credit, employment, insurance, or a rental dwelling... |
Section 4712.05 | Contents and execution of contract.
...(A) Each contract between the buyer and a credit services organization for the purchase of the services of the organization shall be in writing, dated and signed by the buyer, and shall include all of the following: (1) A statement, in type that is boldfaced, capitalized, underlined, or otherwise conspicuously set out from surrounding written material and that is in immediate proximity to the space reserved for the... |
Section 5729.031 | Credit against imposed tax.
...but the credit shall not reduce the tax liability of any individual company or of any company within an insurance company group below the minimum tax required by division (C) of section 5725.18 or division (C) of section 5729.03 of the Revised Code. If the difference obtained in division (A) of this section is less than or equal to zero, the credit allowed under this section equals zero. (E) A reduction in the taxes... |
Section 5729.032 | Refundable credit against tax on foreign insurance company.
...Upon the issuance of a tax credit certificate by the director of development, a refundable credit granted by the tax credit authority under section 122.17 of the Revised Code may be claimed against the tax imposed by section 5729.03 of the Revised Code. The credit shall be claimed in the calendar year specified in the certificate issued by the director of development. |
Section 5729.04 | Gross premiums of mutual and stock insurance companies.
...ancellation or expiration of risks upon property situated within this state. In addition to the matters of return required to be made by insurance companies for the purpose of computing taxes, any company shall also return for such purpose in its annual statement: (A) The gross amount of premium deposits received or collected by it on risks in this state during the preceding calendar year; (B) The total amou... |
Section 5729.05 | Payment of tax - due date - refund.
...tober each year, each foreign insurance company shall pay to the treasurer of state an amount equal to one-half of the previous calendar year's tax, before credits, which was assessed and paid under section 3737.71 of the Revised Code and this chapter. This payment shall be considered as a partial payment of the tax upon the business done in this state during the calendar year in which the payment date provided by th... |
Section 5729.06 | Retaliatory tax rate.
...If the laws of another state, territory, or nation authorize charges for the privilege of doing business therein or taxes against insurance companies organized in this state exceeding the charges provided in sections 5729.01 to 5729.15, inclusive, of the Revised Code, like amounts shall be charged against all insurance companies of such state, territory, or nation doing business in this state, instead of the charges ... |
Section 5729.07 | Eligible employee training costs tax credit.
...er this chapter for a foreign insurance company for which a tax credit certificate is issued under section 5733.42 of the Revised Code. The credit may be claimed for credit periods beginning on or after January 1, 2003, and ending on or before December 31, 2007. The amount of the credit for the credit period beginning on January 1, 2003, shall equal one-half of the average of the eligible training costs paid or in... |
Section 5729.08 | Issuance of tax credits by Ohio venture capital authority.
... the tax imposed on a foreign insurance company under section 5729.03 of the Revised Code. The credit shall be claimed in the calendar year specified in the certificate issued by the authority. |
Section 5729.09 | Annual report required of chief officer.
... or for whom liability for insurance on property located wholly or partially in this state has been reinsured, disposed of, ceded, pooled, divided, or in any manner reduced or increased. |
Section 5729.10 | Revocation of license for failure to pay tax or make report - action to recover taxes - report on ceasing to do business.
...If a company fails to pay the tax levied by section 5729.03 of the Revised Code, or to make any partial payment thereof as required by law after a statement thereof has been made and mailed to it, or if the annual statement required by law to be made by it is false or incorrect, the superintendent of insurance may revoke the license of such company doing business in this state. Upon failure to pay the tax or to make ... |
Section 5729.101 | Late returns - computation and accrual of interest.
...For the purposes of this section, interest shall be computed at a rate per calendar month, rounded to the nearest one-hundredth of one per cent, equal to one-twelfth of the rate per annum prescribed by section 5703.47 of the Revised Code for the calendar year that includes the month for which the interest accrues. (A) When taxes levied by this chapter or by section 3737.71 of the Revised Code are assessed as the res... |
Section 5729.102 | Application for refund - assessment of deficiency.
...cation to refund to a foreign insurance company any taxes imposed by section 3737.71 of the Revised Code or amounts imposed under this chapter that are overpaid, paid illegally or erroneously, or paid on any illegal, erroneous, or excessive assessment, with interest thereon as provided by section 5729.101 of the Revised Code, shall be filed with the superintendent of insurance, on the form prescribed by the superinte... |
Section 5729.11 | Penalty for nonpayment of taxes.
...If any foreign insurance company refuses to pay the tax levied by section 5729.03 of the Revised Code upon demand being made therefor, it shall be liable to the state at the suit of the attorney general to a penalty of not more than five hundred dollars per month for each month it has failed, after demand therefor, to pay the tax. Service of process in such action shall be made according to the requirements of law go... |
Section 5729.12 | Inspection of books by superintendent of insurance.
...shall forthwith visit the office of the company where such contract of insurance has been written or made and demand an inspection of the books and records thereof. Any company refusing to exhibit its books and records for his inspection shall be guilty of violating said sections, and the penalties provided by law shall forthwith be enforced against such company by the superintendent. |
Section 5729.13 | Revocation of right to do business.
...Any company which violates sections 5729.07 to 5729.09, inclusive, of the Revised Code, shall, upon notice and satisfactory proof being made to the superintendent of insurance, have its authority to transact business in this state revoked for a period of not less than ninety days. Any insurance company whose license to do business in this state is revoked pursuant to this section shall not be again permitted to do bu... |
Section 5729.14 | Right to deny admission to companies which violate laws.
...When a foreign insurance company applies to the superintendent of insurance for admission to do business in this state, it shall not be admitted until it has paid all taxes and penalties assessed against it for the violation of the laws relating to insurance. If such foreign company has been reported to the superintendent as having violated any of the laws of this state relating to insurance, he shall make an examina... |
Section 5729.15 | Expenses of inspection to be paid by company.
...The superintendent of insurance shall receive his necessary expenses as compensation for services rendered under sections 5729.01 to 5729.15, inclusive, of the Revised Code. Such sum shall be charged against the companies examined by him, and be collected by suit in any court of competent jurisdiction. |
Section 5729.16 | Nonrefundable credit for foreign insurance company holding a qualified equity investment.
...he Revised Code for a foreign insurance company holding a qualified equity investment on the credit allowance date occurring in the calendar year for which the tax is due. The credit shall be computed in the same manner prescribed for the computation of credits allowed under section 5725.33 of the Revised Code. The credit shall be claimed in the order prescribed by section 5729.98 of the Revised Code. If the amount ... |
Section 5729.17 | Tax credit for insurer that owns a rehabilitation tax credit certificate.
...03 of the Revised Code for an insurance company subject to that tax that is a certificate owner of a rehabilitation tax credit certificate issued under section 149.311 of the Revised Code. The credit shall equal twenty-five per cent of the dollar amount indicated on the certificate, but the amount of the credit allowed for any company for any year shall not exceed five million dollars. The credit shall be claim... |
Section 5729.18 | Transformational mixed use development tax credit.
...03 of the Revised Code for an insurance company subject to that tax that holds the rights to a tax credit certificate issued under section 122.09 of the Revised Code. The credit shall equal the dollar amount indicated on the certificate. The credit shall be claimed in the calendar year specified in the certificate and in the order required under section 5729.98 of the Revised Code. If the credit exceeds the amount of... |
Section 5729.19 | State low-income housing tax credit.
...issued by the executive director of the Ohio housing finance agency under section 175.16 of the Revised Code. The credit equals the amount allocated to such company for the calendar year and reported by the designated reporter on the form prescribed by division (I) of section 175.16 of the Revised Code. The credit authorized in this section shall be claimed in the order required under section 5729.98 of the Revise... |
Section 5729.20 | Tax credit for single-family housing development.
...issued by the executive director of the Ohio housing finance agency under section 175.17 of the Revised Code. The credit equals the amount allocated to such company for the calendar year and reported by the designated reporter on the form prescribed by division (H) of section 175.17 of the Revised Code. The credit authorized in this section shall be claimed in the order required under section 5729.98 of the Revise... |
Section 5729.21 | Opportunity zone investment tax credit.
...he Revised Code for a foreign insurance company that is issued, or to which is transferred, a tax credit certificate under section 122.84 of the Revised Code. The credit equals the amount stated on the certificate and may be claimed for the calendar year that includes the investment period that was the subject of the application for the certificate under that section or for the ensuing calendar year. The credit aut... |
Section 5729.98 | Order of claims for tax credits and offsets.
... the Revised Code; The nonrefundable Ohio low-income housing tax credit under section 5729.19 of the Revised Code; The nonrefundable affordable single-family home credit under section 5729.20 of the Revised Code; The nonrefundable credit for contributing capital to a transformational mixed use development project under section 5729.18 of the Revised Code; The nonrefundable opportunity zone investment cred... |
Section 5745.01 | Municipal taxation of electric light company income definitions.
... 2085, 26 U.S.C.A. 1, as amended. (I) "Ohio net income" means the amount determined under division (B) of section 5745.02 of the Revised Code. |
Section 5745.02 | Determining taxpayer's state net income and portion taxable by municipal corporation.
...or public utilities, except an electric company, a combined company, or a telephone company, or owning at least twenty-five per cent of the issued and outstanding common stock of one or more financial institutions, receipts received by the reporting taxpayer from such utilities, insurance companies, and financial institutions shall be eliminated. For the purpose of division (B)(3) of this section, sales of tangible... |