Ohio HOA Fines & Enforcement Assessments (R.C. 5312.06 & 5312.11)

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).