Ohio Revised Code Search
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Section 5311.081 | Powers and duties of board of directors.
... hearing is waived, and the board may immediately impose a charge for damages or an enforcement assessment pursuant to division (C) of this section. (b) If a unit owner requests a hearing, at least seven days prior to the hearing the board of directors shall provide the unit owner with a written notice that includes the date, time, and location of the hearing. (3) The board of directors shall not levy a charge or... |
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Section 5311.09 | Unit owners association records.
...(A)(1) The unit owners association shall keep all of the following: (a) Correct and complete books and records of account that specify the receipts and expenditures relating to the common elements and other common receipts and expenses; (b) Records showing the allocation, distribution, and collection of the common profits, losses, and expenses among and from the unit owners; (c) Minutes of the meetings of the ... |
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Section 5311.091 | Examination of books, records, minutes.
...(A) Except as otherwise prohibited by this section, any member of a unit owners association may examine and copy the books, records, and minutes described in division (A) of section 5311.09 of the Revised Code pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates, which may include, but are not limited to, standards governing the type of documents that are subject to ex... |
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Section 5311.10 | Description of units in deed, mortgage, lease, other instrument of conveyance or encumbrance and lien.
...In any deed, mortgage, lease, or other instrument of conveyance or encumbrance of, or by which a lien is created upon any interest or estate in any unit of condominium property, it is sufficient to describe the unit by setting forth the name of the condominium property, the number or other designation of the unit, and the numbers of the volumes and initial pages of the records of the declaration and drawings of t... |
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Section 5311.11 | Each unit is separate parcel for taxation and assessment purposes.
...Each unit of a condominium property and the undivided interest in the common elements appurtenant to it is deemed a separate parcel for all 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. |
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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... |
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Section 5311.13 | Liens and encumbrances procedure.
...(A) Liens and encumbrances arise with respect 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 fo... |
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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... |
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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... |
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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... |
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Section 5311.18 | Lien for common expenses.
...(A)(1) Unless otherwise provided by the declaration or the bylaws, the unit owners association has a continuing lien upon the estate or interest of the owner in any unit and the appurtenant undivided interest in the common elements for the payment of any of the following expenses that are chargeable against the unit and that remain unpaid for ten days after any portion has become due and payable: (a) The portion of... |
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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... |
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Section 5311.191 | Condominium declaration prohibiting placement of flag unenforceable.
... facilities of a unit owner or on the immediately adjacent exterior of the building in which the unit of a unit owner is located, if the flag is displayed in accordance with any of the following: (a) The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902, governing the display and use of the flag; (b) The recommended flagpole standards set forth in "Our Flag," published pursuant to S.C.R. 61 of the ... |
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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... |
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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... |
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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. |
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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... |
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Section 5311.23 | Failure to comply with lawful provision of condominium instruments.
...(A) A declarant, developer, agent, or unit owner or any person entitled to occupy a unit is liable in damages in a civil action for harm caused to any person or to the unit owners association by that individual's failure to comply with any lawful provision of the condominium instruments. (B) Any interested person, including a unit owners association, may commence an action for a declaratory judgment to determine ... |
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Section 5311.24 | Exceptions to requirements for written instruments.
...(A) Sections 5311.25 to 5311.27 of the Revised Code do not apply to any of the following, unless the 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 State... |
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Section 5311.25 | Required provisions for condominium instruments.
...type on the contract's first page and immediately above the signature of the purchaser: "Purchaser acknowledges that, pursuant to this contract, the developer may withdraw and then use for construction and development of the condominium property any deposit or down payment that the purchaser makes prior to closing." (3) Deposits and down payments held in trust or escrow in accordance with division (A)(1) of this sec... |
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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... |
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Section 5311.27 | Purchaser's remedies - attorney general actions.
...(A)(1) In addition to any other remedy available, a contract or agreement for the sale of a condominium ownership interest that is executed in violation of section 5311.25 or 5311.26 of the Revised Code shall be voidable by the purchaser until the later of fifteen days after the contract is entered into for sale of the condominium ownership interest or fifteen days after the purchaser executes a document evidencin... |
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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... |
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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... |
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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 ... |