Ohio Code 5312.16 – Solar energy collection devices
(A) Unless specifically prohibited in the declaration, any owner may install a solar energy collection device on the owner’s dwelling unit or other location within the owner’s lot if either of the following conditions apply:
Terms Used In Ohio Code 5312.16
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- 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
- 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
- Property: means real and personal property. See Ohio Code 1.59
(1) The cost to insure, maintain, repair, and replace the unit’s roof or alternative location within the lot is not a common expense of the owners association and is instead the owner’s responsibility.
(2) The declaration specifically allows for and regulates the types and installation of solar energy collection devices within the planned community and establishes responsibility for the cost to insure, maintain, repair, and replace such devices.
(B) Notwithstanding division (A) of this section, an owners association may establish reasonable restrictions concerning the size, place, and manner of placement of solar energy collection devices.
(C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing that includes all of the following:
(1) A description of the property damage or violation;
(2) The amount of the proposed charge or assessment;
(3) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment;
(4) A statement setting forth the procedures to request a hearing;
(5) A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment.
(D) As used in this section, “solar energy collection device” has the same meaning as in section 5311.192 of the Revised Code.
Last updated October 20, 2022 at 4:35 PM