Ohio Statewide Rule
Ohio HOA Assessments, Liens & Foreclosure (Planned Community Law, R.C. Ch. 5312)
Key Facts
- Foreclosure
- Lien may be foreclosed like a mortgage on real property (R.C. 5312.12)
- Lien priority
- Prior to later liens, but behind taxes and earlier first mortgages (R.C. 5312.12)
- When lien attaches
- Amounts unpaid 10 days after due; effective on recording the certificate (R.C. 5312.12)
- Covered amounts
- Assessments plus interest, late fees, collection costs, attorney's and paralegal fees (R.C. 5312.12)
- Payment order
- Interest, then late fees/enforcement assessments, then collection costs/fees, then oldest principal (R.C. 5312.11)
Summary
Ohio's Planned Community Law lets homeowners associations levy assessments and, when unpaid, record a lien foreclosed exactly like a mortgage. R.C. 5312.12 makes the lien prior to later encumbrances (but not first mortgages or tax liens) and reaches interest, late fees, and attorney's fees.
(A) The owners association has a lien upon the estate or interest in any lot for the payment of any assessment or charge levied in accordance with section 5312.11 of the Revised Code, as well as any related interest, administrative late fees, enforcement assessments, collection costs, attorney's fees, and paralegal fees, that are chargeable against the lot and that remain unpaid ten days after any portion has become due and payable. (B) All of the following apply to a lien charged against a property pursuant to this section: (1) The lien is effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties in which the lot is situated, pursuant to authorization by the board of directors of the owners association. The certificate shall contain a description of the lot, the name of the record owner of the lot, and the amount of the unpaid assessment or charge. It shall be subscribed to by the president of the board or other designated representative of the owners association. (2) The lien is a continuing lien upon the lot against which each assessment or charge is made, subject to automatic subsequent adjustments reflecting any additional unpaid interest, administrative late fees, enforcement assessments, collection costs, attorney's fees, paralegal fees, and court costs.
Full Breakdown
Under R.C. 5312.11 an association may assess lots for enforcement assessments, utility service, damage caused by an owner's willful or negligent act, and the costs of enforcing the declaration, including attorney's fees. R.C. 5312.12 gives the association a lien for any unpaid assessment plus "related interest, administrative late fees, enforcement assessments, collection costs, attorney's fees, and paralegal fees" that remain unpaid ten days after becoming due. The lien is effective when a certificate of lien is recorded with the county recorder and is "prior to any lien or encumbrance subsequently arising," except real-estate taxes, political-subdivision assessments, and earlier-recorded first mortgages. It "may be foreclosed in the same manner as a mortgage on real property."
Violations & Penalties
A delinquent owner faces interest, late fees, collection costs, attorney's and paralegal fees, a recorded certificate of lien, and foreclosure of the lien like a mortgage, which can force a sheriff's sale of the home (R.C. 5312.12).
Frequently Asked Questions
Can an Ohio HOA foreclose on my home for unpaid dues?
Does the HOA lien come before my mortgage in Ohio?
What charges can be added to my unpaid Ohio HOA assessment?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.