Westerville, OH HOA Rules: CC&R Enforcement (2026)
Key Facts
- Enforcement
- Private civil (not city)
- Notice
- 10-30 days to cure
- Fines
- $25-$100 + daily
- State Law
- ORC 5312.11
- Defense
- Selective enforcement
Summary
Westerville HOAs enforce CC&Rs through fines, liens, and injunctive relief under ORC 5312.11. The city of Westerville does not enforce HOA covenants; owners and boards pursue private civil remedies.
(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
Under ORC 5312.11, HOAs may impose fines for covenant violations after providing written notice and an opportunity for a hearing. Typical fine structures in Westerville subdivisions: $25-$100 per violation, escalating to $25-$50 per day for continuing violations. The HOA must send written notice identifying the violation, cite the specific covenant, and allow 10-30 days to cure. Owners have the right to request a hearing before the board before fines are imposed. Unpaid fines become a lien enforceable the same as assessments. The City of Westerville zoning and property maintenance codes are enforced separately by the city and do not depend on HOA action; conversely, HOAs cannot enforce city codes but may have stricter private standards. Selective or arbitrary enforcement is a defense under Ohio case law.
Violations & Fines
Continuing covenant violations after final notice: daily fines, lien, possible injunction requiring abatement, attorney fees.
Sources & Official References
Other rules in Westerville
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CC&R Enforcement in Nearby Cities
How other cities in Franklin County handle cc&r enforcement.