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Question |
HOA |
CONDO |
COOP |
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What are the general community association statutes in my state? |
NONE |
Ohio Condominium Act Ohio Revised Code ("O.R.C.") §5311 |
NONE |
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How often must my community association board of directors meet? |
NONE |
No State law on this matter. See your association documents. |
NONE |
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What constitutes a quorum for annual meetings? |
NONE |
O.R.C. § 5311.08(A)(3) Unless otherwise provided in the Declaration or Bylaws, "those present in person or by proxy when action is taken during a meeting of the unit owners association constitute a sufficient quorum." |
NONE |
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What constitutes a quorum for regular meetings of my board of directors? |
NONE |
No State law regarding quorum for regular meetings of board of directors. See your association documents. |
NONE |
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Which meetings of my board of directors are open to all homeowners? |
NONE |
No State law regarding "open" Board of Directors' meetings. See your association documents. |
NONE |
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Do I have the right to speak at meetings of my board of directors? |
NONE |
No State law regarding whether an owner has a right to speak at meetings. See your association documents. |
NONE |
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Do I have a right to review records of my community association? |
NONE |
O.R.C. §5311.091(A) Yes, with some limitations see O.R.C. §5311.091(B). |
NONE |
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If so, what records can I review? |
NONE |
O.R.C. §5311.09(A); 5311.01(A) Membership roster and undivided interests in the common elements, financial records, and meeting minutes with some exceptions. See O.R.C. §5311.091(B). |
NONE |
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Do I have to pay for copies of the records? |
NONE |
O.R.C.§5311.091(A) Association documents control copying costs but must be a "reasonable fee" |
NONE |
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What are the reserve requirements in my state? |
NONE |
O.R.C. §5311.081(A)(1) budget must include adequate reserves, unless otherwise provided in the declaration or bylaws. At a minimum a reserve account must be 10% of the budget. |
NONE |
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What are the resale
Disclosure requirements in
My state?
|
NONE |
O.R.C.§5311.26(K) Requires disclosure of the existence or requirement for the establishment of a reserve fund to prospective purchaser;
Ohio Department of Commerce "Residential Property Disclosure Form".
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NONE |
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Does my state regulate the collection of assessments? |
NONE |
O.R.C. §§5311.081(A)(12); 5311.18 Authorizes the collection of certain fees in connection with collection of delinquent accounts and enforcement of penalties for a violation of the association's documents (provided O.R.C. §5311.081(C) is followed). |
NONE |
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How can my association increase annual assessments? |
NONE |
No State law on this matter. See your association documents. |
NONE |
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Under what circumstances can my association levy a special assessment? |
NONE |
No State law on this matter. See your association documents. |
NONE |
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Can my community association foreclosure on my property if I do not pay my assessments? (Please address judicial and non-judicial foreclosure.) |
NONE |
O.R.C. §5311.18(b)(1) Association's liens for assessments can be the basis of a foreclosure action. |
NONE |
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Are there state laws that regulate whether I can be fined by my association? |
NONE |
O.R.C. §§5311.081(A)(12); 5311.18; 5311.19((B) Authorizes the collection of certain fees in connection with collection of delinquent accounts and enforcement of penalties for a violation of the association's documents (provided O.R.C. §5311.081(C) is followed). |
NONE |
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If I do not pay my fines, can my association foreclosure on my property? |
NONE |
O.R.C. §5311.18(A)(1) provides the association has a lien against each unit for assessments which remain unpaid for 10 days. O.R.C. §5311.18(B)(1) provides that a lien described in (A)(1) may be foreclosed. |
NONE |
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What can my association do to collect fines? |
NONE |
See O.R.C. §§5311.081(A)(12); 5311.18; 5311.19((B) |
NONE |
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Does my state have a law regulating the flying of the American Flag in my community association? |
NONE |
O.R.C. §5311.191 Prohibitions against flying the American Flag violates public policy. |
NONE |
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What are the rules regarding placement of satellite dishes or antennas on my property? (Link to the OTARD Fact Sheet.) |
NONE |
All Ohio Associations must comply with federal Over-the-air Reception Devices (OTARD) regulations. See 47 C.F.R. §1.4000. |
NONE |
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What dispute resolution options do I have if I have a problem with the board? |
NONE |
O.R.C. §5311.081(C) provides for detailed procedure of giving the unit owner written notice, request for a hearing
Otherwise the association documents may provide for arbitration of disputes or other means of alternative dispute resolution. |
NONE |
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What is the state law regarding recalling board members? |
NONE |
No state law on this matter. See your association documents. |
NONE |
