The Ohio Condominium Act (O.R.C. 5311) and the Ohio Planned Community Act (O.R.C. 5312), are Ohio statutes which govern condominiums and what are generally often known as residential subdivisions. Both statutes had been just lately up to date when Governor Mike DeWine signed S.B. 61 into regulation on June 14, 2022. The updates to each statutes are efficient as of September 11, 2022. A duplicate of S.B. 61 might be seen right here.
The Ohio CAI Legislative Action Committee (LAC) started collaborating with representatives from the Ohio Senate in 2019 and, after addressing revisions with the unique draft and delays as a result of COVID-19 and different legislative actions, S.B. 61 was authorised by the Senate unanimously on June 1, 2022.
Some of the updates to O.R.C. 5311 and 5312 are associated to digital notices for homeowners’ conferences, reserve contributions, insurance coverage, and the set up of photo voltaic panels and units. Below is a abstract of the important thing modifications.
Key Changes to Condominiums & Planned Communities
- Authorizes the board of administrators for a condominium unit homeowners affiliation (UOA) and deliberate group dwelling homeowners affiliation (HOA) to amend their declarations and bylaws to take away illegal discriminatory covenants with out the bulk vote of the homeowners.
- Prohibits a majority of an UOA board of administrators and HOA board of administrators from consisting of homeowners or representatives from the identical unit (condominiums) or homeowners or representatives from the identical lot (deliberate communities) except the board particularly makes an exception earlier than such a majority is in place.
- Requires UOA and HOA boards of administrators to undertake budgets yearly.
- Requires that the reserves included in a UOA price range be ample to restore or exchange main capital objects within the regular course of operations with out particular assessments, except an exception is relevant, and eliminates the requirement that the reserves be a minimum of 10% of the annual price range.
- Requires, for each condominiums and deliberate communities, that any waiver of the reserve requirement be carried out yearly in writing.
- Expands the authority of UOA and HOA boards to participate in authorized actions to incorporate land use proceedings and proceedings that contain two or extra homeowners, impacts zoning, or in any other case pertains to issues affecting the property.
- Shifts, for condominium unit homeowners, the default for inspecting or copying sure books, information, or minutes from allowing the condominium board to refuse permission to requiring the permission of the UOA board.
- Requires an proprietor to acquire UOA or HOA board approval to look at or copy books, information, or minutes which are greater than 5 years outdated.
- Allows sure UOA or HOA notices to be despatched by e mail.
- Makes the UOA lien for cost of specified bills a unbroken lien that permits assortment of quantities that accrue after the lien is filed.
- Permits a UOA board to cost and acquire charges for social actions or charitable contributions made on behalf of the UOA.
- Regulates the set up and use of photo voltaic vitality assortment units on condominium property and in deliberate communities.
Changes to Condominiums & Planned Communities that may have an effect in your insurance coverage:
- Requires, usually, a UOA board or HOA board to keep up blanket constancy, crime, or dishonesty insurance coverage protection for any one that controls or disburses affiliation funds.
- Increases the quantity of the hearth and prolonged protection insurance coverage a UOA board should keep for all buildings and buildings of the condominium property from a minimum of 80% of the property’s truthful market worth to a minimum of 90% of the property’s alternative value.
New Community Authority Law
Changes the date from December 31, 2021, to December 31, 2024, by which a brand new group authority should be established for a developer with a 99-year renewable lease of the land to qualify to hold out a brand new group improvement program underneath the New Community Authority Law.
Recording Fees
Specifies that the price the county recorder should acquire for coming into or indexing any reference by separate recorded instrument consists of any marginal reference, or a reference that was completed by a marginal reference, however is now completed via digital means.
We might help.
Boards for each condominium associations and householders’ associations needs to be reviewing the up to date statutes to ensure every part is in compliance. In addition, we’re right here that will help you perceive your insurance coverage wants and if any modifications have to be addressed, because of the statutes. Contact us at present.
