Franklin County, OH HOA Rules: Assessment & Dues (2026)
Key Facts
- State Law
- ORC 5312.11
- Lien
- Automatic on property
- Notice
- 30 days pre-lien
- Foreclosure
- Court of Common Pleas
- HB 199
- Disclosure required
Summary
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.
Section 5312.11 | Individual lot assessments.
(A) An owners association may assess an individual lot for any of the following:
(1) Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting those assessments;
(2) Costs of maintenance, repair, or replacement incurred due to the willful or negligent act of an owner or occupant of a lot or their family, tenants, guests, or invitees, including, but not limited to, attorney's fees, court costs, and other expenses;
(3) Costs associated with the enforcement of the declaration or the rules and regulations of the owners association, including, but not limited to, attorney's fees, court costs, and other expenses;
(4) Costs or charges the declaration or bylaws permit.
(B) Unless otherwise provided by the declaration, bylaws, or rules, the owners association shall credit any amount it receives from a lot owner pursuant to this section in the following order:
(1) To interest owed to the owners association;
(2) To administrative late fees or enforcement assessments owed to the owners association;
(3) To collection costs, attorney's fees, and paralegal fees the owners association incurred in collecting the assessment;
(4) To the oldest principal amounts the owner owes to the owners association for the common expenses chargeable against the dwelling unit or lot.
(C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following:
(1) A description of the property damage or violation;
(2) The amount of the proposed charge or assessment;
(3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment.
Full Breakdown
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.
Violations & Fines
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.
Sources & Official References
- [1]ORC 5312.11
Other rules in Franklin County
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