Ohio enacted the Planned Community Law (Ohio Rev. Code §§ 5312.01 through 5312.14) to provide a modern governance framework for planned community associations. Ohio condominiums are governed under the Ohio Condominium Property Act (ORC §§ 5311.01 through 5311.26). Both statutes establish strong owner rights and detailed board obligations.
Ohio Planned Community Law: Owner Rights
- Right to attend all board meetings (except executive sessions)
- Right to inspect records within a reasonable time of written request
- Right to receive the annual budget at least 30 days before adoption
- Right to vote in elections by written ballot
- Right to a hearing before any fine is imposed
Enforcement: Mandatory Hearing Before Fines
ORC § 5312.12 requires that before imposing a fine, the association must: (1) provide written notice of the alleged violation, (2) allow at least 21 days to cure, and (3) if the violation is not cured, provide at least 10 days notice of a hearing before the board or a committee. Associations that skip the hearing procedure face significant legal exposure.
Assessment Liens in Ohio
ORC § 5312.13 grants a statutory lien for unpaid assessments. The lien is created when assessments become delinquent and must be perfected by recording with the county recorder. Ohio allows judicial foreclosure of planned community assessment liens. The association must send a 60-day written notice of intent to foreclose before filing suit.
Budget and Financial Disclosure
Ohio planned community associations must adopt an annual budget and provide it to owners at least 30 days before adoption. The budget must include a reserve line item. Ohio does not mandate a reserve study, but reserve planning is considered a fiduciary duty of the board under the business judgment rule.
Disclaimer: Ohio distinguishes between planned communities (ORC § 5312) and condominiums (ORC § 5311). Confirm which statute applies. Consult a licensed Ohio attorney for legal advice specific to your association.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →