Westerville's HOA Rules: The Rules That Matter
Every city handles hoa rules a little differently. In Westerville, Ohio, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.
Board Procedures
Westerville HOAs operate under Ohio Revised Code Chapter 5312 (Ohio Planned Community Law). Boards must hold annual meetings, provide notice, keep minutes, and allow member inspection of records.
Key details: State Law: ORC Chapter 5312. Annual Meeting: Required, 10-60 day notice. Quorum: 25% default. Records: Member inspection right. City Role: None (private civil).
Failure to follow ORC 5312 procedures: civil action by owners in Franklin or Delaware County Common Pleas Court. Damages may include attorney fees under ORC 5312.11.
CC&R Enforcement
Westerville HOAs enforce CC&Rs through fines, liens, and injunctive relief under ORC 5312.11. The city of Westerville does not enforce HOA covenants; owners and boards pursue private civil remedies.
Key details: Enforcement: Private civil (not city). Notice: 10-30 days to cure. Fines: $25-$100 + daily. State Law: ORC 5312.11. Defense: Selective enforcement.
Continuing covenant violations after final notice: daily fines, lien, possible injunction requiring abatement, attorney fees.
Assessment & Dues
Westerville HOAs may levy regular and special assessments under ORC 5312.11. Unpaid assessments create an automatic lien on the property and may be foreclosed after proper notice.
Key details: State Law: ORC 5312.11. Lien: Automatic on non-payment. Interest Cap: 18%. Notice: 30 days before lien filing. Foreclosure: Allowed after cure period.
Non-payment: lien, late fees, interest up to 18%, attorney fees, and potential foreclosure action in Franklin or Delaware County Common Pleas Court.
The Bottom Line
Westerville's hoa rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Westerville is broadly strict or permissive.
Keep in mind that Westerville can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.