Ohio Revised Code Search
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Section 5311.11 | Each unit is separate parcel for taxation and assessment purposes.
... purposes of taxation and assessment of real property, and no other unit or other part of the condominium property shall be charged with the payment of those taxes and assessments. |
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.
...against any purchaser in good faith for value of a unit and its appurtenant interest in the common elements from the developer unless the affidavit required by section 1311.06 of the Revised Code is filed for record before the deed or other instrument of conveyance of the unit is filed for record. |
Section 5311.14 | Repair or restoration of damages - sale.
...(A) Unless provided otherwise in the declaration, damage to or destruction of all or any part of 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... |
Section 5311.16 | Condominium insurance.
...Unless otherwise provided by the declaration or bylaws, the board of directors shall maintain, with the cost to be a common expense, all of the following: (A) Liability insurance for all unit owners, their tenants, and all persons lawfully in possession or 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 ele... |
Section 5311.17 | Removing condominium property from provisions of condominium law.
...(A) Unless otherwise provided by the declaration or division (B) of section 5311.14 of the Revised Code, the unit owners, by the affirmative vote of all unit 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 condom... |
Section 5311.18 | Lien for common expenses.
...elease 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 division (C) of this section. (B)(1) The lien described in division (A)(1) of this section is prior to any lien or encumbrance subsequently arising or created except liens for real estate taxes and assessments of political subdivisions a... |
Section 5311.19 | Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.
...(A) All unit owners, their tenants, all persons lawfully in possession and 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 covena... |
Section 5311.191 | Condominium declaration prohibiting placement of flag unenforceable.
...(A) No declaration, bylaw, rule, regulation, 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 ... |
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.
...Unless retained by the board of directors as reserves, 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 fiduciary for a unit owner or of the estate of a unit owner may vote as though the fiduciary were the unit owner when the fiduciary has furnished to the unit owners association proof, satisfactory to it, of the fiduciary's appointment and qualification as an executor under the last will of a deceased unit owner, an administrator of the estate of a deceased unit owner, a guardian, committee, or conservator of th... |
Section 5311.23 | Failure to comply with lawful provision of condominium instruments.
...n 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.
...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 instrumentalities; (4) The sale of condominium ownership interests in individual dwelling units or individual water slip units and in their appurtenant common elements for the account of a perso... |
Section 5311.25 | Required provisions for condominium instruments.
...opment to a purchaser in good faith for value; (b)(i) For an expandable condominium development, for property submitted by the original declaration, on the date the deed or other evidence of ownership is filed for record following the sale of the first condominium ownership interest in the property to a purchaser in good faith for value; (ii) For an expandable condominium development, for any additional property s... |
Section 5311.26 | Written statement of material circumstances or features affecting condominium development.
...Except as provided in section 5311.24 of the Revised Code, no developer or agent, directly or indirectly, shall sell or offer to sell a condominium ownership interest in a residential or water slip condominium development unless the developer or agent provides the prospective purchaser a condominium development disclosure statement that discloses fully and accurately all material circumstances or features affecting... |
Section 5311.27 | Purchaser's remedies - attorney general actions.
...following amounts: (a) The fair market value of the interest as of the time the suit is brought; (b) The price at which the interest is disposed of in a bona fide market transaction before suit is brought; (c) The price at which the unit is disposed of in a bona fide market transaction after suit is brought but before judgment is entered. (2)(a) In no case shall the amount recoverable under this section be less... |
Section 5312.01 | Definitions.
...As used in this chapter: (A) "Assessment" means the liability for an expense that is allocated to a lot in a planned community. (B) "Bylaws" means an instrument filed with the declaration that provides for the operation of the owners association. "Bylaws" also is referred to as "regulations" pursuant to Chapter 1702. of the Revised Code. (C) "Common element" means any property in a planned community that the... |
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.
...s conveyed to a bona fide purchaser for value. The owners association shall be organized as a nonprofit corporation pursuant to Chapter 1702. of the Revised Code. (C)(1) If provided in the declaration, a declarant may control the owners association for the period of time the declaration specifies. During the time of declarant control, the declarant or the declarant's designee may appoint and remove the members of t... |
Section 5312.04 | Election of officers; powers; meetings.
...member of the board can hear or read in real time and participate and respond to every other member of the board. (E) In lieu of conducting a meeting, the board may take an action with the unanimous written consent of the members of the board. Any written consent shall be filed with the minutes of the meetings of the board. (F) No owner other than a director may attend or participate in any discussion or deli... |
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.
...umber, 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 association the real property and personal property; (8) Grant easements, leases, licenses, and concessions through or over the common elements; (9) Levy and collect fees or other charges for the use, rental, or operation of the common elements or for services pr... |
Section 5312.07 | Examination of books and records.
...(A) Unless otherwise prohibited by this section, any owner may examine and copy the books, records, and minutes of the owners association that division (C) of section 5312.06 of the Revised Code describes, pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates. The standards may include, but are not limited to, standards governing the type of documents that are subject t... |