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.
ORC 5312.11 grants planned community associations a statutory lien for unpaid assessments, late fees, interest, and collection costs. Key rules: (1) lien arises automatically upon non-payment, (2) lien has priority from the date of recording the declaration except behind first mortgages and tax liens, (3) HOA must give 30 days written notice before filing a certificate of lien with the county recorder, (4) foreclosure may proceed after notice and opportunity to cure, (5) owner retains right to redeem before sale. Regular assessments are typically paid monthly or annually per declaration; special assessments for capital projects usually require member vote or board majority depending on bylaws. Late fees, interest (up to 18% under ORC 5312.11), and reasonable attorney fees may be added to delinquent accounts.
Non-payment: lien, late fees, interest up to 18%, attorney fees, and potential foreclosure action in Franklin or Delaware County Common Pleas Court.
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