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.
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.
Continuing covenant violations after final notice: daily fines, lien, possible injunction requiring abatement, attorney fees.
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Westerville, OH
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