Thousands of Community Associations exist throughout the State of Ohio. These Associations have various deed restrictions that are codified in the Association’s governing documents. The governing documents are also known as the declaration, bylaws, and rules and regulations.
Any violation of an Association’s governing documents may negatively impact the Association or other owners’ property, directly or indirectly. Such a violation may also trigger the formal enforcement process as outlined in the Association’s governing documents or by statute.
To persuade owners who live within community associations to comply with the governing documents and Ohio statutory laws, the Board of Directors (“Board”) may utilize the enforcement
process to gain compliance.
For condominium associations, R.C. 5311.081(C) determines the process for enforcement procedures. For Ohio Planned Communities or Homeowners Associations, R.C. 5312.11(C) and (D) determines the process for enforcement procedures. It is important to note that Boards must follow the respective statute unless otherwise provided in the governing documents.
This quick reference guide provides key reminders for both Ohio planned communities and Homeowners Associations according to statute.
Condominium Association – O.R.C. 5311.081(C):
Before imposing a charge for an enforcement assessment, the Board must give the unit owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following:
(a) A description of the property damage or violation;
(b) The amount of the proposed charge or assessment;
(c) A statement that the owner has a right to a hearing before the Board to contest the proposed charge or assessment;
(d) A statement setting forth the procedures to request a hearing; and,
(e) A reasonable date by which the unit owner must cure the violation to avoid the proposed assessment.
After receiving notice, an owner may request a hearing. The owner must deliver a written notice to the Board no later than the tenth day after receiving the notice. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the Board may immediately impose a charge for damages or an enforcement assessment. If a hearing is requested, then the Board must not levy a charge or assessment before holding any hearing that is requested. The Board must provide adequate notice to the owner – which must include the date, time, and location of the hearing.
The Board may allow a reasonable time to cure a violation before imposing a charge or assessment.
Within thirty days following a hearing at which the Board imposes a charge or assessment, the association must deliver a written notice of the assessment to the owner.
Homeowners Association – O.R.C. 5312.11(C) and (D):
Before imposing a charge for an enforcement assessment, the Board must give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the 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; and,
(5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge or assessment if such an opportunity to cure is applicable.
After receiving notice, an owner may request a hearing. The owner must deliver a written notice to the Board no later than the tenth day after receiving the notice. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the Board immediately may impose a charge for damages or an enforcement assessment. If a hearing is requested, then the Board, at least seven days prior to the hearing, must provide the owner with a written notice that includes the date, time, and location of the hearing.
The Board must not levy a charge or assessment before holding any hearing requested.
Within thirty days following a hearing at which the Board imposes an assessment, the Association must deliver a written notice of the assessment to the owner.