Franklin County, OH HOA Rules: CC&R Enforcement (2026)
Key Facts
- State Law
- ORC 5312
- Notice
- Cure period required
- Uniform
- Must enforce fairly
- Fines
- 25-500 dollars
- Defenses
- Laches selective
Summary
Franklin County HOA CC and R enforcement follows ORC 5312 and recorded declaration. Associations must enforce uniformly to avoid waiver and selective enforcement defenses. Violation notices typically provide cure period (10 to 30 days) before fines or legal action. Ohio recognizes laches defense if association delays enforcement. HOAs cannot enforce rules conflicting with state or federal law.
Section 5312.13 | Compliance with covenants, conditions and restrictions; action for damages. The owners association and all owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with the bylaws and the rules of the owners association, as lawfully amended. Any violation is grounds for the owners association or any owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action.
Section 5312.06 | Powers and duties of owner's association.
(D) An owners association, through its board of directors, may do any of the following:
(4) Enforce all provisions of the declaration, bylaws, covenants, conditions, restrictions, and articles of incorporation governing the lots, common elements, and limited common elements;
(5) Adopt and enforce rules that regulate the maintenance, repair, replacement, modification, and appearance of common elements, and any other rules as the declaration provides;
(10) Pursuant to section 5312.11 of the Revised Code, levy the following charges and assessments:
(a) Interest and charges for the late payment of assessments;
(b) Returned check charges;
(c) Enforcement assessments for violations of the declaration, the bylaws, and the rules of the owners association;
(d) Charges for damage to the common elements or other property.
Full Breakdown
Enforcement actions include notices, fines, suspension of common area privileges, and ultimately suit for injunctive relief and damages. Fines must be reasonable and proportional; declaration typically sets schedule (25 to 100 dollars first, escalating). ORC 5312.11 requires proper notice before imposing fines. Ohio courts have struck down retaliatory enforcement and disparate treatment. Common enforcement issues: parking, landscaping, exterior color, flags, and rentals.
Violations & Fines
CC and R violation: HOA notice, cure period, escalating fines 25 to 500 dollars, suspension of privileges, lien, litigation. Owner can challenge: raise selective enforcement, laches, or unreasonable interpretation; recover attorney fees if HOA loses.
Sources & Official References
- [1]ORC 5312
Other rules in Franklin County
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