Ohio Revised Code Search
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Section 5311.02 | Chapter applicable to condominium property.
...11. of the Revised Code applies only to property that is specifically submitted to its provisions by the execution and filing for record of a declaration by the owner, as provided in this chapter. In every instance, any property so submitted shall be either a fee simple estate or a ninety-nine year leasehold, renewable forever. Neither the submission of property to the provisions of this chapter, nor the conveyance o... |
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Section 5311.03 | Condominium units deemed real property.
...(A) Each unit of a condominium property, together with the undivided interest in the common elements appurtenant to it, is real property for all purposes and is real estate within the meaning of all provisions of the Revised Code. (B) A unit owner is entitled to the exclusive ownership and possession of the unit and to ownership of an undivided interest in the common elements as expressed in the declaration. (C... |
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Section 5311.031 | Relocation and reallocation of boundaries.
...ose units, except liens for real estate taxes and assessments not due and payable. (b) In the application, the owners of the adjoining units may request a specific reallocation of their undivided interests in the common elements allocated to the adjoining units. (2) Unless the board of directors finds any requested reallocation of the undivided interests in the common elements to be unreasonable, within thirty days... |
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Section 5311.032 | Reallocation of rights to use of limited common elements.
...hose units except liens for real estate taxes and assessments not due and payable. (3) At the expense of the owners of the affected units, the unit owners association shall record the submitted amendment to the declaration. (B)(1) If the declaration reserves any common element as an exclusive use area, the board of directors may delegate that common element to the use of a certain unit or units, to the exclusion of... |
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Section 5311.033 | Conversion of convertible units.
...(A)(1) Except as otherwise provided in the declaration, all or any portion of a convertible unit may be converted into one or more units or common elements, including limited common elements. (2)(a) To cause the conversion, the owner shall prepare and execute an amendment to the declaration that describes the conversion and record the amendment together with the drawings described in division (E) of section 5311.07 ... |
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Section 5311.04 | Common areas and facilities.
...) The common elements of a condominium property are owned by the unit owners as tenants in common, and the ownership shall remain undivided. No action for partition of any part of the common elements may be commenced, except as provided in section 5311.14 of the Revised Code, and no unit owner otherwise may waive or release any rights in the common elements. (B) The declaration shall set forth the undivided inte... |
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Section 5311.041 | Common expenses.
...(A) All costs of the administration, operation, maintenance, repair, and replacement of common elements are common expenses. (B)(1) The declaration, either as filed and recorded by the declarant pursuant to section 5311.06 of the Revised Code or as amended by a vote of the unit owners exercising not less than ninety per cent of the voting power of the unit owners association, may provide that, regardless of undivide... |
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Section 5311.05 | Condominium declaration.
...(A) A declaration submitting property to the provisions of this chapter shall be signed and acknowledged by the owner before a judge or clerk of a court of record, county auditor, county engineer, notary public, or mayor, who shall certify the acknowledgment and subscribe the certificate of acknowledgment. (B) A declaration shall contain all of the following: (1) A legal description of the land or, for a water sl... |
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Section 5311.051 | Expandable condominium property.
...Land and improvements on the property of an expandable condominium property are considered added to the condominium property and submitted to the provisions of this chapter upon the declarant and all owners and lessees of the added land executing and filing for record pursuant to sections 5311.06 and 5311.07 of the Revised Code, an amendment to the declaration that contains the information, drawings, and plans wit... |
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Section 5311.052 | Action to contest change in percentage interests in common areas and facilities of unit owners.
...If a condominium property for which the declaration was filed with a county recorder prior to October 1, 1978, has been expanded by the addition of units in accordance with the declaration, and if the unit owners do not commence an action to contest the change in the undivided interests in the common elements in a court of competent jurisdiction within two years after the date that the amendment was filed with the... |
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Section 5311.06 | Declaration of condominium property filed and recorded.
...(A)(1) A declaration of condominium property shall be filed and recorded in the office of the recorder of the county or counties in which the land or water slips described in the declaration are situated. All original declarations when filed shall be accompanied by a set of drawings of the condominium property as required by section 5311.07 of the Revised Code and a true copy of the bylaws of the unit owners associa... |
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Section 5311.07 | Condominium drawings.
...shall be prepared for every condominium property that graphically shows the boundaries, location, designation, length, width, and height of each unit; the boundaries, location, designation, and dimensions of the common elements and the limited common elements and exclusive use areas; and the location and dimensions of all appurtenant easements or encroachments. (2) If the condominium property is not contiguous... |
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Section 5311.08 | Unit owners association.
...(A)(1) Every condominium property shall be administered by a unit owners association. All power and authority of the unit owners association shall be exercised by a board of directors, which the unit owners shall elect from among the unit owners or the spouses of unit owners. If a unit owner is not an individual, that unit owner may nominate for the board of directors any principal, member of a limited liability comp... |
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Section 5311.081 | Powers and duties of board of directors.
...le in the management of the condominium property and the association; (2) Commence, defend, intervene in, settle, or compromise any civil, criminal, land use planning, or administrative action or proceeding that is in the name of, or threatened against, the unit owners association, the board of directors, or the condominium property, or that involves two or more unit owners , impacts zoning, or otherwise relates to... |
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Section 5311.09 | Unit owners association records.
...ents, and structures of the condominium property that are reasonably available to the developer, but only in connection with condominium developments declared on or after the effective date of this amendment and condominium developments that are declared prior to that date but originally built or constructed on or after that date. (2) The board of directors may commence a civil action on behalf of the unit owners a... |
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Section 5311.091 | Examination of books, records, minutes.
...nformation that pertains to condominium property-related personnel matters; (b) Communications with legal counsel or attorney work product pertaining to pending litigation or other condominium 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... |
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Section 5311.10 | Description of units in deed, mortgage, lease, other instrument of conveyance or encumbrance and lien.
... 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 the condominium property. This section does not require reference by volume and page to amendments to the declaration or the drawin... |
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Section 5311.11 | Each unit is separate parcel for taxation and assessment purposes.
... 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 5311.13 | 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... |
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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... |
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Section 5311.19 | Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.
...t against the offending unit and made a lien against that unit. |
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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... |
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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.
...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. |