Can an Ohio HOA Permit Gambling in a Common Area?

Question:

Can an HOA allow a poker game to be played in it’s clubhouse. It’s a nominal buy-in of $ 20, weekly for a group of 5-6 residents.,

No proceeds come to the association?

– Dan

 

Answer:

Hi Dan,
Section 2915.03 of the Ohio Revised Code might apply here. This section states:
“(A) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall:

(1) Use or occupy such premises for gambling in violation of section 2915.02 of the Revised Code;

(2) Recklessly permit such premises to be used or occupied for gambling in violation of section 2915.02 of the Revised Code.

(B) Whoever violates this section is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony of the fifth degree.

(C) Premises used or occupied in violation of this section constitute a nuisance subject to abatement pursuant to sections 3767.01 to 3767.99 of the Revised Code.”

Even if this section does not apply to your HOA, it is best not to permit gambling in a common space or area to avoid the risk of liability.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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