Effective: September 10, 2010
Latest Legislation: Senate Bill 187 - 128th General Assembly
(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 in accordance with the allocation set forth in the declaration. If the declaration does not establish any allocation, the common expense liability shall be allocated equally among all the lots.
(3) The board of directors shall assess the common expense liability for each lot at least annually, based on a budget the board adopts at least annually.
(B) The board shall charge interest on any past due assessment or installment at the rate the board establishes, not to exceed any maximum rate permitted by law.
(C)(1) The board may not charge assessments for common expenses unless the declaration provides for or contemplates the charging of such assessments.
(2) The board may not increase any assessment for common expenses when the declaration limits the amount of such assessments unless the owners amend the declaration as provided in division (A) of section 5312.05 of the Revised Code to allow the increased amount.
Structure Ohio Revised Code
Chapter 5312 | Ohio Planned Community Law
Section 5312.01 | Definitions.
Section 5312.02 | Applicability of Chapter; Establishment of Planned Community.
Section 5312.03 | Administration; Owners Association; Board of Directors.
Section 5312.04 | Election of Officers; Powers; Meetings.
Section 5312.05 | Amendments to Declaration or Bylaws.
Section 5312.06 | Powers and Duties of Owner's Association.
Section 5312.07 | Examination of Books and Records.
Section 5312.08 | Common Elements; Maintenance, Repair and Replacement.
Section 5312.09 | Assignment or Conveyance of Rights or Interest in Common Elements.
Section 5312.10 | Common Expense Liability.
Section 5312.11 | Individual Lot Assessments.
Section 5312.13 | Compliance With Covenants, Conditions and Restrictions; Action for Damages.
Section 5312.14 | Service of Process.