Franklin County HOAs assess regular dues and special assessments under authority of recorded declaration and ORC 5312.11. Assessments become automatic liens on owner property; unpaid assessments may be foreclosed after proper notice. Ohio HB 199 (2018) strengthened HOA lien procedures but required clearer disclosure. Late fees and interest capped by declaration; court may reduce unreasonable charges.
Declaration typically sets annual assessment adjustment cap (often 10 to 20 percent without owner vote). Special assessments for capital projects often require supermajority owner approval. Liens filed with Franklin County Recorder; foreclosure through Franklin County Court of Common Pleas. HB 199 requires 30 days pre-lien notice and itemized statement. Assessments continue during ownership dispute; bankruptcy does not automatically discharge post-petition assessments. Collection attorney fees recoverable if declaration provides.
Unpaid assessments: lien on property, interest (declaration rate, often 10 to 18 percent), late fees (25 to 50 dollars typical), collection costs and attorney fees. Foreclosure: property sold at sheriff sale. Improper HOA assessment: owner can sue to invalidate under ORC 5312.11.
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