Ohio planned-community associations may levy "enforcement assessments" (fines) for violations of the declaration, bylaws, and rules under R.C. 5312.06, but R.C. 5312.11 requires written notice and an opportunity for a hearing before the board may impose the charge. There is no statewide dollar cap on the fine amount.
R.C. 5312.06 authorizes the board to enforce the declaration, bylaws, and rules and to levy "enforcement assessments for violations of the declaration, the bylaws, and the rules." Before levying such a charge, R.C. 5312.11 requires written notice describing the violation and the proposed charge and stating the owner's right to a hearing. The owner must request a hearing in writing no later than the tenth day after receiving notice, and "the board shall not levy a charge or assessment before holding any hearing requested." Within thirty days after the hearing the association must deliver written notice of the charge. The statute sets no maximum fine amount; reasonableness is governed by the declaration.
An enforcement assessment imposed without the required notice and chance for a hearing under R.C. 5312.11 is procedurally defective. A valid, unpaid enforcement assessment joins the association's lien and is foreclosable like other assessments (R.C. 5312.12).
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