Ohio Code 5312.09 – Assignment or conveyance of rights or interest in common elements
(A)(1) The owners association may not assign the right to common assessments, or the future income from those assessments, or convey any fee interest or any security interest in any portion of the common elements unless the declaration specifically provides for such a conveyance or seventy-five per cent of the voting power of the owners association, or any larger percentage the declaration specifies, approves the conveyance.
Terms Used In Ohio Code 5312.09
- Common element: means any property in a planned community that the owners association holds in fee or has use of pursuant to a lease or easement. See Ohio Code 5312.01
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Limited common element: means a common element that a declaration designates as reserved for use by a certain lot or lots, to the exclusion of other lots. 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
(2) The owners association may not convey any fee interest in a limited common element or subject a limited common element to a security interest without the approval of all of the owners of the lots to which the limited common element is allocated. Any proceeds of the conveyance of a limited common element are an asset of the owners association.
(B) No contract to convey or subject a common element or a limited common element to a security interest is enforceable against the owners association unless it complies with division (A) of this section. The board of directors, on behalf of the owners association, has all powers necessary and appropriate to effect a conveyance or encumbrance that division (A) of this section permits, including the power to execute a deed or other instrument.