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.
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.
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.
See how Franklin County's cc&r enforcement rules stack up against other locations.
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