Ohio Revised Code Search
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Section 5311.22 | Voting.
... 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 interests as unit owners. Unless otherwise provided in the declaration or byl... |
Section 5311.23 | Failure to comply with lawful provision of condominium instruments.
...nit 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 that person's legal relations under the condominium instruments or to obtain an injunction against a declarant, developer, agent, unit owner, or person entitled to occupy... |
Section 5311.24 | Exceptions to requirements for written instruments.
... 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 instrumentalities; (4) The sale of condominium ownership interests in individual ... |
Section 5311.25 | Required provisions for condominium instruments.
...ments of this section and sections 5311.26 and 5311.27 of the Revised Code. |
Section 5311.26 | Written statement of material circumstances or features affecting condominium development.
...per 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 the development in a readable and understandable written statement.... |
Section 5311.27 | Purchaser's remedies - attorney general actions.
...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 evidencing receipt of the information required by section 5311.26 of the Revised Code, except that in no case is the contract or agreement voidable ... |
Section 5312.01 | Definitions.
...s 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 owners association holds in fee or has use of ... |
Section 5312.02 | Applicability of chapter; establishment of planned community.
...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 planned community. Except as provided in d... |
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.
...f 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 portion of an... |
Section 5312.05 | Amendments to declaration or bylaws.
...ers, 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 declaration and to dissolve the planned community requires the unanimous consent of owners. (C) A vote to delete as void, any provision within the declaration or bylaws, or any applicable restricti... |
Section 5312.06 | Powers and duties of owner's association.
...tion, through its board of directors, shall do both of the following: (1) Annually adopt and amend an estimated budget for revenues and expenditures. Any budget shall include reserves in an amount adequate to repair and replace major capital items in the normal course of operations without the necessity of special assessments, unless the owners, exercising not less than a majority of the voting power of the owners... |
Section 5312.07 | Examination of books and records.
...l 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 requirements and that is subject to those requirements; (d) Infor... |
Section 5312.08 | Common elements; maintenance, repair and replacement.
...ng that dwelling unit. (B) An owner shall permit agents or employees of the owners association and other owners access through the owner's lot and dwelling unit for the purpose of fulfilling the association's duties and obligations. Any damage to the common elements, lot, or dwelling unit due to that access is the responsibility of the owner that caused the damage or the owners association if it is responsibl... |
Section 5312.09 | Assignment or conveyance of rights or interest in common elements.
...lements unless the declaration specifically provides for such a conveyance or seventy-five per cent of the voting power of the owners association, or any larger percentage the declaration specifies, approves the conveyance. (2) The owners association 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 o... |
Section 5312.10 | Common expense liability.
...(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 in... |
Section 5312.11 | Individual lot assessments.
...wners association may assess an individual lot for any of the following: (1) Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting those assessments; (2) Costs of maintenance, repair, or replacement incurred due to the willful or negligent act of an owner or occupant of a lot or thei... |
Section 5312.12 | Liens.
...lection costs, attorney's fees, and paralegal fees, that are chargeable against the lot and that remain unpaid ten days after any portion has become due and payable. (B) All of the following apply to a lien charged against a property pursuant to this section: (1) The lien is effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties in which t... |
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.
...on 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 agent of the association if it is an incorporated entity. Any action brought by or on behalf of the owners association shall be pursuant to authority granted by the board of d... |
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.
...13. of the Revised 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 th... |
Section 5313.02 | Required provisions of land installment contracts.
...(A) Every land installment contract shall be executed in duplicate, and a copy of the contract shall be provided to the vendor and the vendee. The contract shall contain at least the following provisions: (1) The full names and then current mailing addresses of all the parties to the contract; (2) The date when the contract was signed by each party; (3) A legal description of the property conveyed; (4) The contra... |
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. |