Ohio planned-community boards may enforce the declaration, covenants, conditions, restrictions, and bylaws and may adopt and enforce rules under R.C. 5312.06. R.C. 5312.13 lets the association or an owner sue to compel compliance and recover damages. Amending the declaration itself requires 75% owner consent under R.C. 5312.05.
R.C. 5312.06 empowers the board to "enforce all provisions of the declaration, bylaws, covenants, conditions, restrictions" and to "adopt and enforce rules that regulate the maintenance, repair, replacement, modification, and appearance of common elements" and any other rules the declaration provides. R.C. 5312.13 provides that all owners, the association, and the board must comply with the covenants, conditions, and restrictions, and authorizes an action for damages or injunctive relief for noncompliance. By contrast, the underlying declaration and bylaws can only be amended "by the consent of seventy-five per cent of the owners," and no amendment is effective until recorded with the county recorder (R.C. 5312.05). Architectural controls flow from the recorded declaration rather than a standalone statutory architectural-review section.
An owner who violates the declaration, covenants, or rules can be sued by the association or another owner for damages and injunctive relief under R.C. 5312.13, assessed enforcement assessments, and charged the association's attorney's fees (R.C. 5312.11).
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