There are a handful of Ohio HOA laws that homeowners associations must follow. Failure to abide by these laws can result in legal trouble.
To form a planned community in the state of Ohio, the community must file and record a declaration and bylaws in the county recorder’s office where it is situated. According to Section 5312.02 of the Ohio Planned Community Law, The declaration and bylaws should consist of the following information, among other things:
The Ohio Planned Community Law applies specifically to planned communities, such as homeowners associations, in the state. It regulates the establishment, powers, operations, and management of these communities.
You can find the Ohio Planned Community Law under Chapter 5312.01 of the Ohio Revised Code. It consists of 15 sections, namely:
The Ohio Condominium Property Act regulates the creation, authority, operation, and management of condominiums in the state. Condominiums must expressly elect to be governed by this Act by recording a declaration.
You can find the Ohio Condominium Property Act under Chapter 5311 of the Ohio Revised Code. It consists of several sections, listed below.
The Ohio Nonprofit Corporation Law regulates the corporate procedure, structure, and management of non-profit corporations in the state. A majority of homeowners associations in Ohio are formed as non-profit corporations. As such, they must adhere to the provisions set forth within the Ohio Nonprofit Corporation Law.
You can find the Ohio Nonprofit Corporation Law under Chapter 1702 of the Ohio Revised Code. It contains the following sections:
The HOA laws of Ohio also protect homeowners from debt collectors. According to Section 1321.45 of the Ohio Revised Code, debt collectors must not engage in prohibited practices such as using threats against a borrower or falsely misrepresenting him or herself.
This law works similarly to the federal Fair Debt Collection Practices Act, which protects consumers (homeowners) from misleading or abusive practices by third-party debt collectors such as collection agencies. Victims of unfair debt collection conduct may report the issue to the Federal Trade Commission, the Consumer Financial Protection Bureau, or Ohio’s Attorney General’s Office.
The Ohio Fair Housing Law functions in a similar fashion as the federal Fair Housing Act and the Americans with Disabilities Act. This Law protects Ohio citizens from housing discrimination based on their color, ancestry, race, national origin, familial status, military status, disability, sex, or religion.
Housing discrimination victims can file a complaint with the U.S. Department of Housing and Urban Development or the Ohio Civil Rights Commission within a year from when the discriminatory act took place. Alternatively, they may also file a private lawsuit within two years of the act.