Ohio HOA laws

Ohio HOA and Condo Laws, in Plain English

Ohio has 2 statutes that govern community associations: Condominium Property Act and Planned Community Law. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

HOA laws

Ohio

OH
Condominium Property Act Planned Community Law
Resale documentResale Certificate
Fee capNo fixed dollar cap
DeadlineNone set by statute
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

ORC 5311 (Condominium Property Act)

Condominiums

Ohio's Condominium Property Act governs condominium properties that an owner has formally submitted to the chapter by recording a declaration, covering unit and common element boundaries, creation and operation of the unit owners association and board of directors, association records, budgets and assessments, and liens for common expenses, along with owner rights and remedies. Developers must give purchasers a detailed disclosure statement before an initial sale of a unit, but the chapter has no separate statutory resale certificate or payoff or estoppel statement requirement for resales between owners, and it sets no fee cap or delivery deadline for documents an association prepares in connection with a resale.

Read ORC 5311 on the state's site

ORC 5312 (Planned Community Law)

HOAs and planned communities

Ohio's Planned Community Law governs planned communities, meaning subdivisions and other developments run under a recorded declaration and bylaws and commonly called homeowners associations, applying both to communities formed since the chapter took effect in 2010 and to older communities, with some protection for provisions already in their existing governing documents. It covers formation by declaration and bylaws, the owners association and board of directors, common elements, assessments and liens, owner access to records, and enforcement of covenants and restrictions. The chapter has no dedicated statutory resale certificate, disclosure statement, or payoff or estoppel statement requirement and sets no fee cap or delivery deadline for such documents, beyond letting the association charge reasonable fees for preparing them under its general powers.

Read ORC 5312 on the state's site

When a Home Sells in Ohio

No Ohio statute requires resale certificate, but lenders and title companies ask for one. Associations furnish it under their governing documents.

What Ohio calls the resale document
Resale Certificate
Fee cap
No fixed dollar cap
Delivery deadline
None set by statute
Buyer's right to cancel
No statutory right tied to this document

The full Ohio resale rules, who pays, and how to order are on the Ohio resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Ohio HOA Law Questions

Which law governs condominiums in Ohio?

ORC 5311 (Condominium Property Act). Ohio's Condominium Property Act governs condominium properties that an owner has formally submitted to the chapter by recording a declaration, covering unit and common element boundaries, creation and operation of the unit owners association and board of directors, association records, budgets and assessments, and liens for common expenses, along with owner rights and remedies.

Which law governs HOAs in Ohio?

ORC 5312 (Planned Community Law). Ohio's Planned Community Law governs planned communities, meaning subdivisions and other developments run under a recorded declaration and bylaws and commonly called homeowners associations, applying both to communities formed since the chapter took effect in 2010 and to older communities, with some protection for provisions already in their existing governing documents.

Does Ohio cap the fee for a resale certificate?

No. Ohio sets no dollar cap on resale certificate, so the association or its management company sets the fee under the governing documents.

How long does an Ohio association have to deliver resale certificate?

Ohio sets no statutory deadline. The closing date sets the pace.

Where can I read the Ohio statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Ohio community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.