Amending Governing Documents in Ohio

Question:

Can the Townhouse Declaration be changed a with simple majority of owners to change board membership requirements

 

 

Answer:

Hi,

According to Section 5311.05(b)(10) of the Ohio Condominium Property Act, “The method by which the declaration may be amended, which, except as provided in division (E) of this section, division (E) of section 5311.04, division (B) of section 5311.041, and sections 5311.031 to 5311.033 and 5311.051 of the Revised Code, requires the affirmative vote of unit owners exercising not less than seventy-five per cent of the voting power.”

According to Section 5312.05(a) of the Ohio Planned Community Law, “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.”

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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