Ohio Code 5311.041 – Common expenses
(A) All costs of the administration, operation, maintenance, repair, and replacement of common elements are common expenses.
Terms Used In Ohio Code 5311.041
- Common elements: means , unless otherwise provided in the declaration, the following parts of the condominium property:
(1) The land described in the declaration;
(2) All other areas, facilities, places, and structures that are not part of a unit, including, but not limited to, the following:
(a) Foundations, columns, girders, beams, supports, supporting walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of buildings;
(b) Basements, yards, gardens, parking areas, garages, and storage spaces;
(c) Premises for the lodging of janitors or persons in charge of the property;
(d) Installations of central services, including, but not limited to, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating;
(e) Elevators, tanks, pumps, motors, fans, compressors, ducts, and, in general, all apparatus and installations existing for common use;
(f) Community and commercial facilities that are not listed in division (F)(2)(a), (b), (c), (d), or (e) of this section but provided for in the declaration;
(g) All parts of the condominium property that are not listed in division (F)(2)(a), (b), (c), (d), (e), or (f) of this section that are necessary or convenient to its existence, maintenance, and safety, that are normally in common use, or that have been designated as common elements in the declaration or drawings. See Ohio Code 5311.01
- Common expenses: means expenses designated as common expenses in this chapter or in the declaration. See Ohio Code 5311.01
- Declaration: includes all amendments to that declaration. See Ohio Code 5311.01
- Unit: means the part of the condominium property that is designated as a unit in the declaration, is delineated as a unit on the drawings prepared pursuant to section 5311. See Ohio Code 5311.01
- Unit owners association: means the organization that administers the condominium property and that consists of all the owners of units in a condominium property. See Ohio Code 5311.01
(B)(1) The declaration, either as filed and recorded by the declarant pursuant to section 5311.06 of the Revised Code or as amended by a vote of the unit owners exercising not less than ninety per cent of the voting power of the unit owners association, may provide that, regardless of undivided interests, the following common expenses shall be computed on an equal per unit basis:
(a) Expenses that arise out of the administration, operation, maintenance, repair, and replacement of security, telecommunications, rubbish removal, roads, entrances, recreation facilities, landscaping, and grounds care;
(b) Legal, accounting, and management expenses.
(2) Expenses not included in division (B)(1) of this section shall be computed on the basis of the undivided interest in the common elements allocated to each unit.