Westerville, OH HOA Rules: Assessment & Dues (2026)
Key Facts
- State Law
- ORC 5312.11
- Lien
- Automatic on non-payment
- Interest Cap
- 18%
- Notice
- 30 days before lien filing
- Foreclosure
- Allowed after cure period
Summary
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.
(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...
Full Breakdown
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.
Violations & Fines
Non-payment: lien, late fees, interest up to 18%, attorney fees, and potential foreclosure action in Franklin or Delaware County Common Pleas Court.
Sources & Official References
Other rules in Westerville
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Assessment & Dues in Nearby Cities
How other cities in Franklin County handle assessment & dues.