Ohio Code 5312.05 – Amendments to declaration or bylaws
(A) Unless otherwise specified in division (C) of this section or the declaration or bylaws, the owners may amend the declaration and bylaws by the consent of seventy-five per cent of the owners, either in writing or in a meeting called for that purpose. No amendment to the declaration or bylaws is effective until filed in the office of the county recorder.
Terms Used In Ohio Code 5312.05
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Bylaws: means an instrument filed with the declaration that provides for the operation of the owners association. 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
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- 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
- Property: means real and personal property. See Ohio Code 1.59
(B) A vote to terminate the applicability of the declaration and to dissolve the planned community requires the unanimous consent of owners.
(C) A vote to delete as void, any provision within the declaration or bylaws, or any applicable restriction or covenant, that limits the occupancy or use of property subject to this chapter on the basis of race, color, national origin, religion, sex, or familial status, requires only a majority vote of the board of directors of the owners association.
Last updated June 29, 2022 at 2:32 PM