Ohio Revised Code Search
Section |
---|
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.
...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.
...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 5312.07 | 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. |
Section 5312.09 | Assignment or conveyance of rights or interest in common elements.
...(A)(1) The owners association may not assign the right to common assessments, or the future income from those assessments, or convey any fee interest or any security interest in any portion of the common elements 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 t... |
Section 5312.10 | Common expense liability.
...(A)(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... |
Section 5312.11 | Individual lot assessments.
...e following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge ... |
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.
...In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the owners association by statute or otherwise, the owners association 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... |
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.
... following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the unit owner must cure the violation to avoid the pro... |
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. |
Section 5313.04 | Vendee to enforce chapter provisions.
...Upon the failure of any vendor to comply with Chapter 5313. of the Revised Code, the vendee may enforce such provisions in a municipal court, county court, or court of common pleas. Upon the determination of the court that the vendor has failed to comply with these provisions, the court shall grant appropriate relief. |
Section 5313.05 | Default of vendee.
...When the vendee of a land installment contract defaults in payment, forfeiture of the interest of the vendee under the contract may be enforced only after the expiration of thirty days from the date of the default. A vendee in default may, prior to the expiration of the thirty-day period, avoid the forfeiture of his interest under the contract by making all payments currently due under the contract and by paying any... |
Section 5313.06 | Notice of forfeiture.
...entifies the contract and describes the property covered by it; (B) Specifies the terms and conditions of the contract which have not been complied with; (C) Notifies the vendee that the contract will stand forfeited unless the vendee performs the terms and conditions of the contract within ten days of the completed service of notice and notifies the vendee to leave the premises. Such notice shall be served by the... |
Section 5313.07 | Proceeding for foreclosure and judicial sale.
...he vendor may recover possession of his property only by use of a proceeding for foreclosure and judicial sale of the foreclosed property as provided in section 2323.07 of the Revised Code. Such action may be commenced after expiration of the period of time prescribed by sections 5313.05 and 5313.06 of the Revised Code. In such an action, as between the vendor and vendee, the vendor shall be entitled to proceeds of t... |
Section 5313.08 | Action for forfeiture and restitution.
...ent contract and for restitution of his property under Chapter 1923. of the Revised Code. When bringing the action under Chapter 1923. of the Revised Code, the vendor complies with the notice requirement of division (A) of section 1923.04 of the Revised Code by serving notice pursuant to section 5313.06 of the Revised Code. The court may also grant any other claim arising out of the contract. |
Section 5313.09 | Instrument of cancellation of land contract.
...nty recorder of the county in which the property is located. The county recorder of such county shall record such authenticated judgment as an instrument of cancellation under section 5301.331 of the Revised Code. |
Section 5313.10 | Terminating land installment contract is exclusive remedy.
...lus deterioration or destruction of the property occasioned by the vendee's use. In such case the vendor may recover the difference between the amount paid by the vendee on the contract and the fair rental value of the property plus an amount for the deterioration or destruction of the property occasioned by the vendee's use. |