Terms Used In Ohio Code > Chapter 5312 - Ohio Planned Community Law

• 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.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Assessment: means the liability for an expense that is allocated to a lot in a planned community. See Ohio Code 5312.01
• Bylaws: means an instrument filed with the declaration that provides for the operation of the owners association. See Ohio Code 5312.01
• 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
• Common expense: means any expense or financial liability of the owners association, including allocations the association designates for reserves. See Ohio Code 5312.01
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Personal property: All property that is not real property.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• state: means the state of Ohio. See Ohio Code 1.59
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Trustee: A person or institution holding and administering property in trust.