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Ohio Statutes, Title 53

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Title 53, Real Property

14 chapters · 450 sections in this title.

All chapters in Title 53450 Ch 5301, Conveyances; Encumbrances109 Ch 5309, Registration Of Land Titles100 Ch 5311, Condominium Property36 Ch 5303, Actions Relating To Realty35 Ch 5302, Statutory Forms Of Land Conveyance29 Ch 5310, Registration Of Land Titles28 Ch 5307, Partition26 Ch 5321, Landlords And Tenants23 Ch 5305, Dower22 Ch 5312, Ohio Planned Community Law16 Ch 5313, Land Installment Contracts10 Ch 5322, Storage Facilities6 Ch 5315, D.o.l.l.a.r. Deed Program5 Ch 5323, Residential Rental Property5

450 sections·Filtered byTitle 53✕

Ohio Rev. Code Ann. § 5311.02 Chapter applicable to condominium property
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Chapter 5311. of the Revised Code applies only to property that is specifically submitted to its provisions by the execution and filing for record of a declaration by the owner, as provided in this chapter. In every instance, any property so submitted shall be either a fee simple…
Ohio Rev. Code Ann. § 5311.03 Condominium units deemed real property
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(A) Each unit of a condominium property, together with the undivided interest in the common elements appurtenant to it, is real property for all purposes and is real estate within the meaning of all provisions of the Revised Code. (B) A unit owner is entitled to the exclusive own…
Ohio Rev. Code Ann. § 5311.031 Relocation and reallocation of boundaries
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(A) Except as otherwise provided in the declaration, the boundaries between adjoining units and appurtenant limited common elements may be relocated and the undivided interests in the common elements appurtenant to those units may be reallocated by an amendment to the declaration…
Ohio Rev. Code Ann. § 5311.032 Reallocation of rights to use of limited common elements

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(A) Except as otherwise provided in the declaration, rights to the use of limited common elements may be reallocated between or among units by an amendment to the declaration pursuant to the following procedures: (1) The owners of the affected units shall prepare and execute at t…

Ohio Rev. Code Ann. § 5311.033 Conversion of convertible units

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(A)(1) Except as otherwise provided in the declaration, all or any portion of a convertible unit may be converted into one or more units or common elements, including limited common elements. (2)(a) To cause the conversion, the owner shall prepare and execute an amendment to the …

Ohio Rev. Code Ann. § 5311.04 Common areas and facilities

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(A) The common elements of a condominium property are owned by the unit owners as tenants in common, and the ownership shall remain undivided. No action for partition of any part of the common elements may be commenced, except as provided in section 5311.14 of the Revised Code, a…

Ohio Rev. Code Ann. § 5311.041 Common expenses

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(A) All costs of the administration, operation, maintenance, repair, and replacement of common elements are common expenses. (B)(1) The declaration, either as filed and recorded by the declarant pursuant to section 5311.06 of the Revised Code or as amended by a vote of the unit o…

Ohio Rev. Code Ann. § 5311.05 Condominium declaration

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(A) A declaration submitting property to the provisions of this chapter shall be signed and acknowledged by the owner before a judge or clerk of a court of record, county auditor, county engineer, notary public, or mayor, who shall certify the acknowledgment and subscribe the cer…

Ohio Rev. Code Ann. § 5311.051 Expandable condominium property

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Land and improvements on the property of an expandable condominium property are considered added to the condominium property and submitted to the provisions of this chapter upon the declarant and all owners and lessees of the added land executing and filing for record pursuant to…

Ohio Rev. Code Ann. § 5311.052 Action to contest change in percentage interests in common areas and facilities of unit owners

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If a condominium property for which the declaration was filed with a county recorder prior to October 1, 1978, has been expanded by the addition of units in accordance with the declaration, and if the unit owners do not commence an action to contest the change in the undivided in…

Ohio Rev. Code Ann. § 5311.06 Declaration of condominium property filed and recorded

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(A)(1) A declaration of condominium property shall be filed and recorded in the office of the recorder of the county or counties in which the land or water slips described in the declaration are situated. All original declarations when filed shall be accompanied by a set of drawi…

Ohio Rev. Code Ann. § 5311.07 Condominium drawings

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(A)(1) A set of drawings shall be prepared for every condominium property that graphically shows the boundaries, location, designation, length, width, and height of each unit; the boundaries, location, designation, and dimensions of the common elements and the limited common elem…

Ohio Rev. Code Ann. § 5311.08 Unit owners association

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(A)(1) Every condominium property shall be administered by a unit owners association. All power and authority of the unit owners association shall be exercised by a board of directors, which the unit owners shall elect from among the unit owners or the spouses of unit owners. If …

Ohio Rev. Code Ann. § 5311.081 Powers and duties of board of directors

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(A) The unit owners association, through the board of directors, shall do both of the following: (1) Annually, adopt and amend an estimated budget for revenues and expenditures. The budget shall include reserves in an amount adequate to repair and replace major capital items in t…

Ohio Rev. Code Ann. § 5311.09 Unit owners association records

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(A)(1) The unit owners association shall keep all of the following: (a) Correct and complete books and records of account that specify the receipts and expenditures relating to the common elements and other common receipts and expenses; (b) Records showing the allocation, distrib…

Ohio Rev. Code Ann. § 5311.091 Examination of books, records, minutes

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(A) Except as otherwise prohibited by this section, any member of a unit owners association may examine and copy the books, records, and minutes described in division (A) of section 5311.09 of the Revised Code pursuant to reasonable standards set forth in the declaration, bylaws,…

Ohio Rev. Code Ann. § 5311.10 Description of units in deed, mortgage, lease, other instrument of conveyance or encumbrance and lien

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In any deed, mortgage, lease, or other instrument of conveyance or encumbrance of, or by which a lien is created upon any interest or estate in any unit of condominium property, it is sufficient to describe the unit by setting forth the name of the condominium property, the numbe…

Ohio Rev. Code Ann. § 5311.11 Each unit is separate parcel for taxation and assessment purposes

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Each unit of a condominium property and the undivided interest in the common elements appurtenant to it is deemed a separate parcel for all purposes of taxation and assessment of real property, and no other unit or other part of the condominium property shall be charged with the …

Ohio Rev. Code Ann. § 5311.12 Liens and encumbrances paid prior to conveyance

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No owner of property submitted to the provisions of this chapter shall convey fee title to any unit of the condominium property until all liens and encumbrances, except taxes and assessments of political subdivisions not then due and payable, affecting both the unit and any other…

Ohio Rev. Code Ann. § 5311.13 Liens and encumbrances procedure

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(A) Liens and encumbrances arise with respect to and affect a unit of a condominium property and the undivided interest in the common elements appurtenant to it in the same manner and under the same conditions as liens and encumbrances arise with respect to and affect any other r…

Ohio Rev. Code Ann. § 5311.14 Repair or restoration of damages - sale

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(A) Unless provided otherwise in the declaration, damage to or destruction of all or any part of the common elements of a condominium property shall be promptly repaired and restored by the board of directors of the unit owners association. The cost of the repairs and restoration…

Ohio Rev. Code Ann. § 5311.16 Condominium insurance

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Unless otherwise provided by the declaration or bylaws, the board of directors shall maintain, with the cost to be a common expense, all of the following: (A) Liability insurance for all unit owners, their tenants, and all persons lawfully in possession or control of any part of …

Ohio Rev. Code Ann. § 5311.17 Removing condominium property from provisions of condominium law

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(A) Unless otherwise provided by the declaration or division (B) of section 5311.14 of the Revised Code, the unit owners, by the affirmative vote of all unit owners, may elect to remove condominium property from the provisions of this chapter. In the event of that election, all l…

Ohio Rev. Code Ann. § 5311.18 Lien for common expenses

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(A)(1) Unless otherwise provided by the declaration or the bylaws, the unit owners association has a continuing lien upon the estate or interest of the owner in any unit and the appurtenant undivided interest in the common elements for the payment of any of the following expenses…

Ohio Rev. Code Ann. § 5311.19 Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations

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(A) All unit owners, their tenants, all persons lawfully in possession and control of any part of a condominium property, and the unit owners association of a condominium property shall comply with all covenants, conditions, and restrictions set forth in a deed to which they are …

Ohio Rev. Code Ann. § 5311.191 Condominium declaration prohibiting placement of flag unenforceable

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(A) No declaration, bylaw, rule, regulation, or agreement of a condominium property or construction of any of these items by the board of managers of its unit owners association shall prohibit any of the following: (1) The placement of a flagpole that is to be used for the purpos…

Ohio Rev. Code Ann. § 5311.192 Solar energy collection devices

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(A) Unless specifically prohibited in the declaration, any owner of a solar appropriate unit may install a solar energy collection device on the roof of that unit if either of the following conditions apply: (1) The unit, as defined by the declaration, includes the roof, for whic…

Ohio Rev. Code Ann. § 5311.20 Unit owners association may sue or be sued

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In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the unit owners association by statute or otherwise, the unit owners association may sue or be sued as a separate legal entity. In any action of that nature, service of su…

Ohio Rev. Code Ann. § 5311.21 Common profits and expenses distributed

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Unless retained by the board of directors as reserves, the common profits of a condominium property shall be distributed among, and, except as provided in division (B) of section 5311.041 of the Revised Code, the common expenses shall be charged to the unit owners according to th…

Ohio Rev. Code Ann. § 5311.22 Voting

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(A) Unless otherwise provided in the declaration or bylaws, each unit owner may exercise that percentage of the total voting power of all unit owners on any question for which the vote of unit owners is permitted or required that is equivalent to the undivided interest in the com…

Ohio Rev. Code Ann. § 5311.23 Failure to comply with lawful provision of condominium instruments

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(A) A declarant, developer, agent, or unit owner or any person entitled to occupy a unit is liable in damages in a civil action for harm caused to any person or to the unit owners association by that individual's failure to comply with any lawful provision of the condominium inst…

Ohio Rev. Code Ann. § 5311.24 Exceptions to requirements for written instruments

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(A) Sections 5311.25 to 5311.27 of the Revised Code do not apply to any of the following, unless the method of disposing of the condominium property is adopted for the purpose of evading their provisions: (1) The sale of a condominium ownership interest solely for commercial or i…

Ohio Rev. Code Ann. § 5311.25 Required provisions for condominium instruments

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(A)(1) Except as provided in division (A)(2) of this section, any deposit or down payment made in connection with the sale of a condominium ownership interest shall be held in trust or escrow until delivered at settlement, returned to or otherwise credited to the purchaser, or fo…

Ohio Rev. Code Ann. § 5311.26 Written statement of material circumstances or features affecting condominium development

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Except as provided in section 5311.24 of the Revised Code, no developer or agent, directly or indirectly, shall sell or offer to sell a condominium ownership interest in a residential or water slip condominium development unless the developer or agent provides the prospective pur…

Ohio Rev. Code Ann. § 5311.27 Purchaser's remedies - attorney general actions

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(A)(1) In addition to any other remedy available, a contract or agreement for the sale of a condominium ownership interest that is executed in violation of section 5311.25 or 5311.26 of the Revised Code shall be voidable by the purchaser until the later of fifteen days after the …

Ohio Rev. Code Ann. § 5312.01 Definitions

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As used in this chapter: (A) "Assessment" means the liability for an expense that is allocated to a lot in a planned community. (B) "Bylaws" means an instrument filed with the declaration that provides for the operation of the owners association. "Bylaws" also is referred to as "…

Ohio Rev. Code Ann. § 5312.02 Applicability of chapter; establishment of planned community

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(A) Any planned community in this state is subject to this chapter. No person shall establish a planned community unless that person files and records a declaration and bylaws for that planned community in the office of the recorder of the county or counties in which the planned …

Ohio Rev. Code Ann. § 5312.03 Administration; owners association; board of directors

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(A)(1) An owners association shall administer a planned community, and a board of directors the owners elect from among the owners and their spouses shall exercise all power and authority of the owners association. If an owner is not an individual, any principal, member of a limi…

Ohio Rev. Code Ann. § 5312.04 Election of officers; powers; meetings

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(A) A board of directors of an owners association shall elect officers from the members of the board, to include a president, secretary, treasurer, and other officers as the board designates. (B) A board may act in all instances on behalf of an association unless otherwise provid…

Ohio Rev. Code Ann. § 5312.05 Amendments to declaration or bylaws

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(A) 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 decla…

Ohio Rev. Code Ann. § 5312.06 Powers and duties of owner's association

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(A) The owners association, through its board of directors, shall do both of the following: (1) Annually adopt and amend an estimated budget for revenues and expenditures. Any budget shall include reserves in an amount adequate to repair and replace major capital items in the nor…

Ohio Rev. Code Ann. § 5312.07 Examination of books and records

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(A) Unless otherwise prohibited by this section, any owner may examine and copy the books, records, and minutes of the owners association that division (C) of section 5312.06 of the Revised Code describes, pursuant to reasonable standards set forth in the declaration, bylaws, or …

Ohio Rev. Code Ann. § 5312.08 Common elements; maintenance, repair and replacement

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(A) Unless otherwise provided by the declaration, the owners association is responsible for reasonable maintenance, repair, and replacement of the common elements, and each owner is responsible for maintenance, repair, and replacement of the owner's lot and improvements to that l…

Ohio Rev. Code Ann. § 5312.09 Assignment or conveyance of rights or interest in common elements

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(A)(1) The owners association may not assign the right to common assessments, or the future income from those assessments, or convey any fee interest or any security interest in any portion of the common elements unless the declaration specifically provides for such a conveyance …

Ohio Rev. Code Ann. § 5312.10 Common expense liability

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(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,…

Ohio Rev. Code Ann. § 5312.11 Individual lot assessments

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(A) An owners association may assess an individual lot for any of the following: (1) Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting those asse…

Ohio Rev. Code Ann. § 5312.12 Liens

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(A) The owners association has a lien upon the estate or interest in any lot for the payment of any assessment or charge levied in accordance with section 5312.11 of the Revised Code, as well as any related interest, administrative late fees, enforcement assessments, collection c…

Ohio Rev. Code Ann. § 5312.13 Compliance with covenants, conditions and restrictions; action for damages

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The owners association and all owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with t…

Ohio Rev. Code Ann. § 5312.14 Service of process

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In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the owners association by statute or otherwise, the owners association may sue or be sued as a separate legal entity. Service of summons or other process may be made upon …

Ohio Rev. Code Ann. § 5312.15 Construction of chapter

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This chapter shall be construed to establish a uniform framework for the operation and management of planned communities in this state and to supplement any planned community governing document that is in existence on the effective date of this chapter. In the event of a specific…