Ohio Revised Code Search
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Section 5303.33 | Necessary parties to proceeding.
...e notified of its filing, as in a civil action. |
Section 5303.34
...ted with either of the following: (1) Actual knowledge that the entry onto, and the extraction of minerals from, the property was unlawful; (2) Willful or wanton disregard for the lawful property or mineral rights of another person and with the intent of depriving the lawful owner of the owner's minerals. "Bad faith" shall not be presumed and does not include an entry onto property based on a reasonable belief ... |
Section 5312.01 | Definitions.
...er 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 occupied or intended to be occupied by a dwelling unit. (K) "Owner" means a person who owns a lot in a planned community. "Owner" does not include any person that has an interest in a lot s... |
Section 5312.02 | Applicability of chapter; establishment of planned community.
...tember 10, 2010, shall pursue any civil action against any person based upon any provision of the bylaws of that planned community or upon any amendments to the bylaws until the bylaws or amendments are filed and recorded under division (D)(1), (2), or (3) of this section. |
Section 5312.03 | Administration; owners association; board of directors.
... a board of directors may carry out any action this chapter requires or allows an owners association to take, subject to any vote required of the owners. (B) A declarant shall establish an owners association not later than the date upon which the first lot in the planned community is conveyed to a bona fide purchaser for value. The owners association shall be organized as a nonprofit corporation pursuant to Chapter... |
Section 5312.04 | Election of officers; powers; meetings.
...the board designates. (B) A board may act in all instances on behalf of an association unless otherwise provided in this chapter, the declaration, or bylaws. The board may appoint persons to fill vacancies in its membership for the unexpired portion of any term. (C) Except during a period of declarant control, the board shall call a meeting of the owners association at least once each year. Special meetings m... |
Section 5312.05 | Amendments to declaration or bylaws.
...(A) Unless otherwise specified in division (C) of this section or the declaration or bylaws, the owners may amend the declaration and bylaws by the consent of seventy-five per cent of the owners, either in writing or in a meeting called for that purpose. No amendment to the declaration or bylaws is effective until filed in the office of the county recorder. (B) A vote to terminate the applicability of the declarat... |
Section 5312.06 | Powers and duties of owner's association.
...l, land use planning, or administrative action or proceeding that is in the name of, or threatened against, the association, the board of directors, or the property, or that involves two or more owners, impacts zoning, or otherwise relates to matters affecting the property; (3) Enter into contracts and incur liabilities relating to the operation of the property; (4) Enforce all provisions of the declaration, byla... |
Section 5312.07 | Examination of books and records.
... (c) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality requirements and that is subject to those requirements; (d) Information that relates to the enforcement of the declaration, bylaws, or rules of the owners association against other owners; (e) Information, the disclosure of which is ... |
Section 5312.08 | Common elements; maintenance, repair and replacement.
...(A) Unless otherwise provided by the declaration, the owners association is responsible for reasonable maintenance, repair, and replacement of the common elements, and each owner is responsible for maintenance, repair, and replacement of the owner's lot and improvements to that lot, including the dwelling unit and the utility lines serving that dwelling unit. (B) An owner shall permit agents or employees of th... |
Section 5312.09 | Assignment or conveyance of rights or interest in common elements.
...of the owners association. (B) No contract to convey or subject a common element or a limited common element to a security interest is enforceable against the owners association unless it complies with division (A) of this section. The board of directors, on behalf of the owners association, has all powers necessary and appropriate to effect a conveyance or encumbrance that division (A) of this section permits... |
Section 5312.10 | Common expense liability.
...(A)(1) In accordance with its declaration, all costs the owners association incurs in the administration, governance, and maintenance of a planned community are common expenses. Unless otherwise provided in the declaration, all costs of the administration, operation, maintenance, repair, and replacement of the common elements are common expenses. (2) The common expense liability of each lot shall be allocated... |
Section 5312.11 | Individual lot assessments.
...ncurred due to the willful or negligent act of an owner or occupant of a lot or their family, tenants, guests, or invitees, including, but not limited to, attorney's fees, court costs, and other expenses; (3) Costs associated with the enforcement of the declaration or the rules and regulations of the owners association, including, but not limited to, attorney's fees, court costs, and other expenses; (4) Costs or ... |
Section 5312.12 | Liens.
...ovided by law for the release and satisfaction of mortgages on real property or unless it is discharged by the final judgment or order of a court in an action brought to discharge the lien as provided in this section. (4) The lien is prior to any lien or encumbrance subsequently arising or created, except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that ha... |
Section 5312.13 | Compliance with covenants, conditions and restrictions; action for damages.
...ation or any owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action. |
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.
...(A) Unless specifically prohibited in the declaration, any owner may install a solar energy collection device on the owner's dwelling unit or other location within the owner's lot if either of the following conditions apply: (1) The cost to insure, maintain, repair, and replace the unit's roof or alternative location within the lot is not a common expense of the owners association and is instead the owner's respons... |
Section 5313.01 | Land installment contract definitions.
...vised Code: (A) "Land installment contract" means an executory agreement which by its terms is not required to be fully performed by one or more of the parties to the agreement within one year of the date of the agreement and under which the 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 reta... |
Section 5313.02 | Required provisions of land installment contracts.
...A statement of any pending order of any public agency against the property. (B) No vendor shall hold a mortgage on property sold by a land installment contract in an amount greater than the balance due under the contract, except a mortgage that covers real property in addition to the property that is the subject of the contract where the vendor has made written disclosure to the vendee of the amount of the mortgage ... |
Section 5313.03 | Biannual statements furnished to vendee.
...ry 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 5313.05 | Default of vendee.
...n the vendee of a land installment contract defaults in payment, forfeiture of the interest of the vendee under the contract may be enforced only after the expiration of thirty days from the date of the default. A vendee in default may, prior to the expiration of the thirty-day period, avoid the forfeiture of his interest under the contract by making all payments currently due under the contract and by paying any fe... |
Section 5313.06 | Notice of forfeiture.
...n default under a land installment contract shall be initiated by the vendor or by his successor in interest, by serving or causing to be served on the vendee or his successor in interest, if known to the vendor or his successor in interest, a written notice which: (A) Reasonably identifies the contract and describes the property covered by it; (B) Specifies the terms and conditions of the contract which have not ... |
Section 5313.07 | Proceeding for foreclosure and judicial sale.
...f the vendee of a land installment contract has paid in accordance with the terms of the contract for a period of five years or more from the date of the first payment or has paid toward the purchase price a total sum equal to or in excess of twenty per cent thereof, the vendor may recover possession of his property only by use of a proceeding for foreclosure and judicial sale of the foreclosed property as provided i... |