Ohio Revised Code Search
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Section 5311.12 | Liens and encumbrances paid prior to conveyance.
...No owner of property submitted to the provisions of this chapter shall convey fee title to any unit of the condominium property until all liens and encumbrances, except taxes and assessments of political subdivisions not then due and payable, affecting both the unit and any other part of the condominium property are paid and satisfied, the unit is released from the operation of those liens and encumbrances, o... |
Section 5311.13 | Liens and encumbrances procedure.
...t to and affect a unit of a condominium property and the undivided interest in the common elements appurtenant to it in the same manner and under the same conditions as liens and encumbrances arise with respect to and affect any other real estate, except as provided in this section. (B) Any person who does work or labor upon or furnishes machinery, material, or fuel for the alteration or repair of any unit witho... |
Section 5311.14 | Repair or restoration of damages - sale.
...f the common elements of a condominium property shall be promptly repaired and restored by the board of directors of the unit owners association. The cost of the repairs and restoration shall be paid from the proceeds of insurance, if any, payable because of the damage or destruction, and the balance of that cost is a common expense. (B)(1) Unless provided otherwise in the declaration, in the event of damage t... |
Section 5311.16 | Condominium insurance.
... control of any part of the condominium property in an amount that it determines for personal injury or property damage arising from or relating to the common elements; (B) For the benefit of all unit owners, fire and extended coverage insurance on all buildings and structures of the condominium property in an amount not less than ninety per cent of the replacement cost; (C)(1) Blanket fidelity, crime, or dishone... |
Section 5311.17 | Removing condominium property from provisions of condominium law.
...owners, may elect to remove condominium property from the provisions of this chapter. In the event of that election, all liens and encumbrances, except taxes and assessments of political subdivisions not then due and payable, upon all or any part of the condominium property, shall be paid, released, modified, or discharged. A certificate setting forth that the election was made shall be filed with the recorder of ... |
Section 5311.18 | Lien for common expenses.
...ty or counties in which the condominium property is situated pursuant to an authorization given by the board of directors of the unit owners association. The certificate shall contain a description of the unit, the name of the record owner of the unit, and the amount of the unpaid portion of the common expenses and, subject to subsequent adjustments, any unpaid interest, administrative late fees, enforcement assessme... |
Section 5311.19 | Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.
...d control of any part of a condominium property, and the unit owners association of a condominium property shall comply with all covenants, conditions, and restrictions set forth in a deed to which they are subject or in the declaration, the bylaws, or the rules of the unit owners association, as lawfully amended. Violations of those covenants, conditions, or restrictions shall be grounds for the unit owners ass... |
Section 5311.191 | Condominium declaration prohibiting placement of flag unenforceable.
...gulation, or agreement of a condominium property or construction of any of these items by the board of managers of its unit owners association shall prohibit any of the following: (1) The placement of a flagpole that is to be used for the purpose of displaying, or the display of the flag of the United States or the national league of families POW/MIA flag on or within the limited common areas and facilities of a un... |
Section 5311.192 | Solar energy collection devices.
...(A) Unless specifically prohibited in the declaration, any owner of a solar appropriate unit may install a solar energy collection device on the roof of that unit if either of the following conditions apply: (1) The unit, as defined by the declaration, includes the roof, for which the cost to insure, maintain, repair, and replace is not a common expense and is instead the owner's responsibility. (2) The declarati... |
Section 5311.20 | Unit owners association may sue or be sued.
...In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the unit owners association by statute or otherwise, the unit owners association may sue or be sued as a separate legal entity. In any action of that nature, service of summons or other process may be made upon the unit owners association by serving the process personally upon the president or other design... |
Section 5311.21 | Common profits and expenses distributed.
...es, the common profits of a condominium property shall be distributed among, and, except as provided in division (B) of section 5311.041 of the Revised Code, the common expenses shall be charged to the unit owners according to the undivided interests in the common elements appurtenant to their respective units. |
Section 5311.22 | Voting.
...(A) Unless otherwise provided in the declaration or bylaws, each unit owner may exercise that percentage of the total voting power of all unit owners on any question for which the vote of unit owners is permitted or required that is equivalent to the undivided interest in the common elements appurtenant to the owner's unit. (B) Fiduciaries who are owners of record of a unit or units may vote their respective in... |
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.
...utions in the county of the condominium property on daily interest accounts for any period exceeding ninety days shall be credited to the purchaser at settlement or upon return or other credit made to the purchaser or added to any forfeiture to the developer. Interest is payable only on the amount of the deposit or down payment that exceeds two thousand dollars. (2)(a) If a contract for the sale of a condominium own... |
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.
...d Code. (C) "Common element" means any property in a planned community that the owners association holds in fee or has use of pursuant to a lease or easement. (D) "Common expense" means any expense or financial liability of the owners association, including allocations the association designates for reserves. (E) "Declarant" means the owner of property who executes and records a declaration that the property ... |
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.
...(A)(1) An owners association shall administer a planned community, and a board of directors the owners elect from among the owners and their spouses shall exercise all power and authority of the owners association. If an owner is not an individual, any principal, 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 ... |
Section 5312.04 | Election of officers; powers; meetings.
...(A) A board of directors of an owners association shall elect officers from the members of the board, to include a president, secretary, treasurer, and other officers as 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 ... |
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.
...sonably available and applicable: (1) Property insurance on the common elements; (2) Liability insurance pertaining to the common elements; (3) Directors and officers liability insurance; (4)(a) Blanket fidelity, crime, or dishonesty insurance coverage for any person who controls or disburses association funds. As used in division (B)(4)(a) of this section, "person who controls or disburses association funds"... |
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. |