Ohio Code 5312.03 – Administration; owners association; board of directors
(A)(1) An owners association shall administer a planned community, and a board of directors the owners elect from among the owners and their spouses shall exercise all power and authority of the owners association. If an owner is not an individual, any principal, member of a limited liability company, partner, director, officer, trustee, or employee of the owner may be elected to the board. The majority of the board shall not consist of owners or representatives from the same lot unless authorized by a resolution adopted by the board of directors prior to the board majority being comprised of owners or representatives from the same lot.
Terms Used In Ohio Code 5312.03
- Bylaws: means an instrument filed with the declaration that provides for the operation of the owners association. See Ohio Code 5312.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Declarant: means the owner of property who executes and records a declaration that the property is a planned community. See Ohio Code 5312.01
- Declarant control: means the period of time in which the declarant controls the owners association by appointing or electing the members of the association's board of directors. 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
- Owner: means a person who owns a lot in a planned community. 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
- Trustee: A person or institution holding and administering property in trust.
(2) Unless otherwise provided, a board of directors may carry out any action this chapter requires or allows an owners association to take, subject to any vote required of the owners.
(B) A declarant shall establish an owners association not later than the date upon which the first lot in the planned community is conveyed to a bona fide purchaser for value. The owners association shall be organized as a nonprofit corporation pursuant to Chapter 1702 of the Revised Code.
(C)(1) If provided in the declaration, a declarant may control the owners association for the period of time the declaration specifies. During the time of declarant control, the declarant or the declarant’s designee may appoint and remove the members of the board. The period of declarant control shall terminate not later than the time at which all of the lots have been transferred to owners.
(2) Not later than the termination of any period of declarant control, the owners shall elect a board of directors comprised of the number of members the declaration or bylaws specify.
Last updated June 29, 2022 at 2:31 PM