Ohio Planned Community Law (ORC 5312) requires HOA assessments to follow the declaration and bylaws. Assessments fund common expenses and are allocated to lots as specified in governing documents. The HOA may record liens for unpaid assessments and suspend voting rights and common area privileges.
Under ORC Chapter 5312, an 'assessment' is the liability for an expense allocated to a lot in a planned community. The declaration and bylaws must specify common expenses for which assessments may be made and the method of collecting each owner's share. The board adopts an annual budget and levies regular assessments accordingly. Special assessments require procedures outlined in the governing documents, which may require a membership vote. For delinquent assessments, ORC 5312 authorizes the HOA to record a lien on the property and suspend the owner's voting rights and access to common elements. However, the HOA cannot take 'self-help' measures beyond these specified remedies and must pursue court action for enforcement beyond liens and suspensions. Ohio does not cap late fees or interest rates on delinquent assessments at the state level; these are set by the CC&Rs. Foreclosure on assessment liens is possible under Ohio law but requires court proceedings. Columbus does not impose additional local regulations on HOA assessments. Franklin County Auditor records reflect HOA assessment liens.
Delinquent assessments may result in liens on the property, suspension of voting rights and common area access, late fees per the CC&Rs, and potential foreclosure through court action.
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