Ohio Code 5312.08 – Common elements; maintenance, repair and replacement
(A) Unless otherwise provided by the declaration, the owners association is responsible for reasonable maintenance, repair, and replacement of the common elements, and each owner is responsible for maintenance, repair, and replacement of the owner’s lot and improvements to that lot, including the dwelling unit and the utility lines serving that dwelling unit.
Terms Used In Ohio Code 5312.08
- 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
- Dwelling unit: means a detached building or the portion of a building that is designed and intended for use and occupancy for residential purposes by a single household or family. 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
- Property: means real and personal property. See Ohio Code 1.59
(B) An owner shall permit agents or employees of the owners association and other owners access through the owner’s lot and dwelling unit for the purpose of fulfilling the association’s duties and obligations. Any damage to the common elements, lot, or dwelling unit due to that access is the responsibility of the owner that caused the damage or the owners association if it is responsible for the damage. That owner, or the owners association, is liable for the prompt repair of any damage and, if not repairable, for the value of the damaged property or item as it existed immediately prior to that damage.