Ohio Code 5312.10 – Common expense liability
(A)(1) In accordance with its declaration, all costs the owners association incurs in the administration, governance, and maintenance of a planned community are common expenses. Unless otherwise provided in the declaration, all costs of the administration, operation, maintenance, repair, and replacement of the common elements are common expenses.
Terms Used In Ohio Code 5312.10
- Assessment: means the liability for an expense that is allocated to a lot in a planned community. See Ohio Code 5312.01
- Common expense: means any expense or financial liability of the owners association, including allocations the association designates for reserves. See Ohio Code 5312.01
- Declaration: means an instrument a property owner executes and records to declare that the property is a planned community subject to the provisions of this chapter. See Ohio Code 5312.01
- Lot: means a parcel or tract of land that is formed when a larger parcel of land is subdivided pursuant to Chapter 711. See Ohio Code 5312.01
- Owners association: means an organization that is comprised of owners of lots in a planned community and that is responsible for the administrative governance, maintenance, and upkeep of the planned community. See Ohio Code 5312.01
- Planned community: means a community comprised of individual lots for which a deed, common plan, or declaration requires any of the following:
(1) That owners become members of an owners association that governs the community;
(2) That owners or the owners association holds or leases property or facilities for the benefit of the owners;
(3) That owners support by membership or fees, property or facilities for all owners to use. See Ohio Code 5312.01
(2) The common expense liability of each lot shall be allocated in accordance with the allocation set forth in the declaration. If the declaration does not establish any allocation, the common expense liability shall be allocated equally among all the lots.
(3) The board of directors shall assess the common expense liability for each lot at least annually, based on a budget the board adopts at least annually.
(B) The board shall charge interest on any past due assessment or installment at the rate the board establishes, not to exceed any maximum rate permitted by law.
(C)(1) The board may not charge assessments for common expenses unless the declaration provides for or contemplates the charging of such assessments.
(2) The board may not increase any assessment for common expenses when the declaration limits the amount of such assessments unless the owners amend the declaration as provided in division (A) of section 5312.05 of the Revised Code to allow the increased amount.