The Ohio Planned Community Law, found under O.R.C. § 5312.01, regulates the creation, authority, management, and operations of planned communities in the state. ing to this law, all homeowners associations must record a declaration and a set of bylaws with the county recorder's office.
Technically, an HOA can't evict a homeowner.
HOAs in Ohio are granted powers to enforce community rules, collect dues, and maintain common areas. They can also impose fines for non-compliance and set regulations for property use. For a detailed breakdown, refer to the Ohio Planned Community Law.
Section 5311.20 | Unit owners association may sue or be sued. 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 Ohio, the procedure for dissolving an HOA may be outlined in the association's governing documents. If it is not, the board will need to obtain a majority vote from the members. A certificate must be submitted to the Ohio Secretary of State whenever a resolution of dissolution is enacted.
Budgeting for reserve contributions Ohio inium law requires associations to adopt and amend budgets for revenues, expenditures, and reserves in an amount sufficient to repair and replace major capital items without the need for special assessments.
Ohio HOA's are required to organize as nonprofit corporations. O.R.C. §5312.03(B). Thus, with regard to its organizational structure and general management, an association is subject to the authority of the Ohio Secretary of State.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
The Federal Housing Administration (FHA) has weighed in by requiring approved inium projects to have at least 10% of the annual operating budget set aside for reserves. However, that percentage is arbitrary and is usually never enough for an association that has to paint and replace roofs.