Toledo, OH HOA Rules: Assessment & Dues (2026)
Key Facts
- Statute
- ORC 5312.11-5312.12
- Lien
- Automatic on certification
- Notice
- 30 days before enforcement
- Recording
- Lucas County Recorder
- Foreclosure
- Like a mortgage
Summary
Ohio HOAs in Toledo may impose regular and special assessments under ORC 5312.11. Unpaid assessments become liens on the property. 30-day written notice required before lien enforcement.
(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.
Full Breakdown
Under ORC 5312.11, planned community associations may levy regular assessments for common expenses and special assessments as authorized by the declaration. Assessments are an obligation of the owner and become a lien on the lot once certified. ORC 5312.12 sets forth lien enforcement: the association must provide written notice of delinquency and intent to lien at least 30 days before filing. After filing with the Lucas County Recorder, the association can foreclose like a mortgage or pursue personal judgment against the owner. Lien priority: generally second to first mortgage but ahead of subsequent encumbrances. Late fees, collection costs, and attorney fees can be added if the declaration permits. Owners may dispute assessments but typically must pay under protest to avoid lien accumulation. Condominium assessments are governed by similar ORC 5311.18 provisions. Foreclosure actions are filed in Lucas County Common Pleas Court.
Frequently Asked Questions
Can a Toledo HOA foreclose for unpaid dues?
Are late fees and attorney fees collectable?
Sources & Official References
- [1]ORC 5312.11
- [2]ORC 5312.12
Other rules in Toledo
Compare Toledo to another location·View the Ohio hoa rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.