Ohio HOA Laws

There are a handful of Ohio HOA laws that homeowners associations must follow. Failure to abide by these laws can result in legal trouble.

How to Establish an HOA in Ohio

To form a planned community in the state of Ohio, the community must file and record a declaration and bylaws in the county recorder’s office where it is situated. According to Section 5312.02 of the Ohio Planned Community Law, The declaration and bylaws should consist of the following information, among other things:

• Election rules
• Number of board members
• Board director terms
• Board duties and powers
• How to remove board members
• Declaration and bylaws amendment procedures

For Planned Communities

The Ohio Planned Community Law applies specifically to planned communities, such as homeowners associations, in the state. It regulates the establishment, powers, operations, and management of these communities.

You can find the Ohio Planned Community Law under Chapter 5312.01 of the Ohio Revised Code. It consists of 15 sections, namely:

• Definitions.
• Applicability of chapter; establishment of planned community.
• Administration; owners association; board of directors.
• Election of officers; powers; meetings.
• Amendments to declaration or bylaws.
• Powers of owner’s association.
• Examination of books and records.
• Common elements; maintenance, repair and replacement.
• Assignment or conveyance of rights or interest in common elements.
• Common expense liability.
• Individual lot assessments.
• Liens.
• Compliance with covenants, conditions and restrictions; action for damages.
• Service of process.
• Construction of chapter.

For Condominiums

The Ohio Condominium Property Act regulates the creation, authority, operation, and management of condominiums in the state. Condominiums must expressly elect to be governed by this Act by recording a declaration.

You can find the Ohio Condominium Property Act under Chapter 5311 of the Ohio Revised Code. It consists of several sections, listed below.

• Condominium property definitions.
• Chapter applicable to condominium property.
• Condominium units deemed real property.
• Relocation and reallocation of boundaries.
• Reallocation of rights to use of limited common elements.
• Conversion of convertible units.
• Common areas and facilities.
• Common expenses.
• Condominium declaration.
• Expandable condominium property.
• Action to contest change in percentage interests in common areas and facilities of unit owners.
• Declaration of condominium property filed and recorded.
• Condominium drawings.
• Unit owners association.
• Powers and duties of board of directors.
• Unit owners association records.
• Examination of books, records, minutes.
• Description of units in deed, mortgage, lease, other instrument of conveyance or encumbrance and lien.
• Each unit is separate parcel for taxation and assessment purposes.
• Liens and encumbrances paid prior to conveyance.
• Liens and encumbrances procedure.
• Repair or restoration of damages – sale.
• [Repealed].
•  Condominium insurance.
• Removing condominium property from provisions of condominium law.
• Lien for common expenses.
• Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.
• Condominium declaration prohibiting placement of flag unenforceable.
• Unit owners association may sue or be sued.
• Common profits and expenses distributed.
• Voting.
• Failure to comply with lawful provision of condominium instruments.
• Exceptions to requirements for written instruments.
• [Repealed].
• Required provisions for condominium instruments.
• Written statement of material circumstances or features affecting condominium development.
• Purchaser’s remedies – attorney general actions.

Ohio HOA Laws on Corporate Governance

The Ohio Nonprofit Corporation Law regulates the corporate procedure, structure, and management of non-profit corporations in the state. A majority of homeowners associations in Ohio are formed as non-profit corporations. As such, they must adhere to the provisions set forth within the Ohio Nonprofit Corporation Law.

You can find the Ohio Nonprofit Corporation Law under Chapter 1702 of the Ohio Revised Code. It contains the following sections:

• Nonprofit corporation law definitions.
• Notice requirements.
• Purposes of corporation.
• Articles of incorporation.
• Corporate name – transfer – reservation.
• Statutory agent – cancellation and reinstatement of articles.
• Acceptance of articles of incorporation and other certificates – filing not constructive notice of contents.
• Incorporation of such society or association.
• Religious society.
• Adoption of regulations.
• Contents of regulations.
• Authority of nonprofit corporation.
• Membership.
• Absence of provision for members.
• Corporation to keep books and records of account and minutes of proceedings.
• Annual meeting.
• Meetings of voting members – calling and place of meeting.
• Notice of meeting.
• Waiver of notice.
• Voting.
• Voting of membership in corporation.
• Quorum of voting members.
• Controlling provisions of articles or regulations.
• Vote of members required for rescission or revocation.
• Action by members or directors without a meeting.
• Election of directors.
• Number and qualifications of directors – ex officio directors – provisional director.
• Term and classification of directors.
• Removal of directors and filling vacancies.
• Authority of directors.
• Interest of director or officer in contract.
• Meetings of directors – notice.
• Quorum for directors’ meeting.
• Executive and other committees of directors.
• Officers – authority and removal.
• Corporate property.
• Corporate mortgages.
• Usury.
• Amendments to articles.
• Mutual benefit corporation – disposition of assets.
• Judicial sale of property.
• Merger or consolidation into domestic corporation.
• Merger or consolidation into entity other than domestic corporation.
• Agreement of merger or consolidation – vote by members.
• Certificate of merger or consolidation.
• Effect of merger or consolidation.
• [Repealed].
• Effective date of merger or consolidation.
• Conversion to domestic or foreign entity other than a for profit corporation or domestic corporation; written declaration of conversion.
• Form of certificate of conversion.
• Voluntary dissolution.
• Public notice of voluntary dissolution.
• Winding up or obtaining reinstatement – powers and duties of directors.
• Jurisdiction of court over winding up of affairs of voluntarily dissolved corporation.
• Receiver for winding up affairs of corporation.
• Judicial dissolution.
• Provisional director – appointment, duties, qualifications.
• Certified copies as evidence.
• False statement or entry.
• Liability of members, directors and officers of corporation.
• [Repealed].
• Exercise of expired powers.
• Applicability of chapter.
• Filing of verified statement of continued existence.
• Restoring rights, privileges, and franchises upon reinstatement.
• Qualified nonprofit corporation may establish police department.
• Penalty.

Ohio HOA Laws on Fair Debt Collection

The HOA laws of Ohio also protect homeowners from debt collectors. According to Section 1321.45 of the Ohio Revised Code, debt collectors must not engage in prohibited practices such as using threats against a borrower or falsely misrepresenting him or herself.

This law works similarly to the federal Fair Debt Collection Practices Act, which protects consumers (homeowners) from misleading or abusive practices by third-party debt collectors such as collection agencies. Victims of unfair debt collection conduct may report the issue to the Federal Trade Commission, the Consumer Financial Protection Bureau, or Ohio’s Attorney General’s Office.

Fair Housing

The Ohio Fair Housing Law functions in a similar fashion as the federal Fair Housing Act and the Americans with Disabilities Act. This Law protects Ohio citizens from housing discrimination based on their color, ancestry, race, national origin, familial status, military status, disability, sex, or religion.

Housing discrimination victims can file a complaint with the U.S. Department of Housing and Urban Development or the Ohio Civil Rights Commission within a year from when the discriminatory act took place. Alternatively, they may also file a private lawsuit within two years of the act.