Section 1. That sections 317.08, 317.09, 5301.01,
5301.25, | 13 |
5301.255, 5311.03, 5311.04, 5311.05, 5311.051, 5311.052,
5311.06, | 14 |
5311.07, 5311.08, 5311.09, 5311.10, 5311.11, 5311.12,
5311.13, | 15 |
5311.14, 5311.16, 5311.17, 5311.18, 5311.19, 5311.20,
5311.21, | 16 |
5311.22,
5311.23,
5311.24, 5311.25, 5311.26, 5311.27, and
5721.35 | 17 |
be
amended and that new
section 5311.01 and sections
5311.031, | 18 |
5311.032, 5311.033,
5311.041, 5311.081, and 5311.091 of
the | 19 |
Revised Code be
enacted
to read as follows: | 20 |
(A)(1) A record of deeds, in which shall be recorded all | 24 |
deeds
and other instruments of writing for the absolute and | 25 |
unconditional sale or conveyance of lands, tenements, and | 26 |
hereditaments; all notices as provided for in sections 5301.47 to | 27 |
5301.56 of the Revised Code; all judgments or decrees in actions | 28 |
brought under section 5303.01 of the Revised Code; all | 29 |
declarations and bylaws, and all amendments to declarations and | 30 |
bylaws, as provided for in Chapter 5311. of the
Revised Code; | 31 |
affidavits as provided
for in section 5301.252 of
the Revised | 32 |
Code; all certificates as provided
for in section
5311.17 of the | 33 |
Revised Code; all articles dedicating
archaeological preserves | 34 |
accepted by the director of the Ohio
historical society under | 35 |
section 149.52 of the Revised Code; all
articles dedicating nature | 36 |
preserves accepted by the director of
natural resources under | 37 |
section 1517.05 of the Revised Code; all
agreements for the | 38 |
registration of lands as archaeological or
historic landmarks | 39 |
under section 149.51 or 149.55 of the Revised
Code; all | 40 |
conveyances of conservation easements and agricultural
easements | 41 |
under section
5301.68 of the Revised Code; all
instruments | 42 |
extinguishing agricultural
easements under section
901.21 or | 43 |
5301.691 of the Revised Code or pursuant to
terms of
such an | 44 |
easement granted to a charitable organization under
section | 45 |
5301.68 of the Revised Code; all instruments or orders
described | 46 |
in division (B)(1)(c)(ii) of section 5301.56 of the
Revised Code; | 47 |
all no further action letters issued under section
122.654 or | 48 |
3746.11 of the
Revised Code;
all covenants not to sue
issued under | 49 |
section
3746.12 of the
Revised Code, including all
covenants
not | 50 |
to sue issued pursuant to section 122.654 of the
Revised Code;
any | 51 |
restrictions on the use of property contained in
a no further | 52 |
action letter issued under section 122.654 of the
Revised Code and | 53 |
any restrictions on the use of
property
identified
pursuant to | 54 |
division (C)(3) of section
3746.10 of the
Revised
Code; all | 55 |
memoranda of trust, as
described in division (A)
of
section | 56 |
5301.255 of the Revised
Code, that describe specific
real | 57 |
property; and all agreements
entered into under division (A)
of | 58 |
section 1521.26 of
the Revised Code; | 59 |
(1)(a) All mortgages, including amendments, supplements, | 62 |
modifications, and extensions of mortgages, or other instruments | 63 |
of writing by which lands, tenements, or hereditaments are or may | 64 |
be mortgaged or otherwise conditionally sold, conveyed, affected, | 65 |
or encumbered; | 66 |
(D)(4) A record of plats, in which shall be recorded all | 82 |
plats
and maps of town lots, of the subdivision of town lots, and | 83 |
of
other divisions or surveys of lands, any center line survey of | 84 |
a
highway located within the county, the plat of which shall be | 85 |
furnished by the director of transportation or county engineer, | 86 |
and all drawings
and amendments to drawings, as provided for in | 87 |
Chapter 5311. of the Revised
Code; | 88 |
(B) All instruments or memoranda of instruments entitled to | 96 |
record shall be recorded in the proper record in the order in | 97 |
which they are presented for record. The recorder may index,
keep, | 98 |
and record in one volume unemployment compensation liens,
internal | 99 |
revenue tax liens and other liens in favor of the United
States as | 100 |
described in division (A) of section 317.09 of the
Revised Code, | 101 |
personal tax liens, mechanic's liens, agricultural
product liens, | 102 |
notices of liens, certificates of satisfaction or
partial release | 103 |
of estate tax liens, discharges of recognizances,
excise and | 104 |
franchise tax liens on corporations, broker's liens,
and liens | 105 |
provided for in sections 1513.33, 1513.37, 3752.13,
5111.021, and | 106 |
5311.18
of the Revised Code. | 107 |
(G)(C) In lieu of keeping the six separate
sets of records | 113 |
required in divisions (A)(1) to
(F)(6) of this section and the | 114 |
records
required in division
(H)(D) of this section, a county | 115 |
recorder may
record all the instruments required to be recorded by | 116 |
this
section
in two separate sets of record books. One set shall | 117 |
be
called the
"official records" and shall contain the instruments | 118 |
listed in
divisions (A)(1),
(B)(2),
(C)(3),
(E)(5),
(F),and (6) | 119 |
and
(H)(D) of this section. The
second set of records shall | 120 |
contain the instruments listed in
division
(D)(A)(4) of this | 121 |
section. | 122 |
Sec. 317.09. (A) Notices of liens for internal revenue | 130 |
taxes, of liens arising under section 107 of the
"Comprehensive | 131 |
Environmental Response, Compensation, and Liability Act of 1980," | 132 |
94 Stat. 2781, 42 U.S.C.A. 9607, as amended, and of any other
lien | 133 |
in favor of the United States, as provided in the statutes
of the | 134 |
United States or in any regulation adopted under those
statutes, | 135 |
certificates discharging the liens, and certificates of
release of | 136 |
the liens shall be filed for record, by mail or
otherwise, in the | 137 |
office of the county recorder of the county in
which the property | 138 |
subject to the lien is situated. If a
duplicate copy of a notice | 139 |
of a lien or a certificate of
discharge or release of a lien is | 140 |
provided, the recorder shall
endorse on the copy the date and hour | 141 |
that the notice or
certificate was received for filing and | 142 |
recording, and shall
return the copy, by mail or otherwise, to the | 143 |
district director
of the internal revenue service of the Ohio | 144 |
district from which
the notice or certificate originated, the | 145 |
regional administrator
of the region of the United States | 146 |
environmental protection
agency from which the notice or | 147 |
certificate originated, or the
other official of the United States | 148 |
who originated the notice or
certificate, whichever is applicable. | 149 |
Except as provided in division (B) of this section, when a | 150 |
notice of a lien in favor of the United States is filed, the | 151 |
recorder shall enter it in a book known as the
"federal tax and | 152 |
other federal lien index," in alphabetical order, showing on one | 153 |
line the name and residence of the person named in the notice,
the | 154 |
serial number or other identifying number of the notice, and
the | 155 |
total amount of the lien. The recorder shall file and keep
all | 156 |
original notices of liens in numerical order. When a
certificate | 157 |
of discharge or release of any lien in favor of the
United States | 158 |
is issued by the proper official of the United
States, or
histhe | 159 |
official's delegate, and is filed for record
in the office of the | 160 |
recorder in which the original notice of the lien is
filed,
the | 161 |
recorder shall enter the certificate with the date of filing
in | 162 |
the federal tax and other federal lien index on the line on
which | 163 |
the notice of the lien so discharged or released is entered
and | 164 |
permanently attach the original certificate of discharge or | 165 |
release to the original notice of the lien. | 166 |
Sec. 5301.01. (A) A deed, mortgage, land contract as referred | 180 |
to
in division
(B)(A)(2)(b) of section 317.08 of the Revised Code, | 181 |
or
lease
of any interest in real
property and a memorandum of | 182 |
trust
as
described in division (A) of section
5301.255 of the | 183 |
Revised
Code
shall be signed by the grantor, mortgagor,
vendor, or | 184 |
lessor
in
the case of a deed, mortgage, land contract, or lease or | 185 |
shall
be
signed by the settlor and trustee in the case of a | 186 |
memorandum
of
trust.
The signing shall be
acknowledged by the | 187 |
grantor,
mortgagor, vendor, or
lessor, or by
the settlor and | 188 |
trustee,
before a judge or clerk of a court of
record in this | 189 |
state, or a
county auditor, county engineer, notary
public, or | 190 |
mayor, who
shall certify the acknowledgement and
subscribe
the | 191 |
official's
name to the
certificate of the
acknowledgement. | 192 |
(B)(1) If a deed, mortgage, land contract as referred to in | 193 |
division
(B)(A)(2)(b) of section 317.08 of the Revised Code, lease | 194 |
of
any interest in real property, or a memorandum of trust as | 195 |
described in division (A) of section 5301.255 of the Revised Code | 196 |
was executed prior to
the effective date of this amendment | 197 |
February 1, 2002, and was
not acknowledged in the presence of, or | 198 |
was not attested by, two
witnesses as required by this section | 199 |
prior to that
effective
date, both of the following apply: | 200 |
(b) The recording of the instrument in the office of the | 206 |
county recorder of the county in which the subject property is | 207 |
situated is constructive notice of the instrument to all persons, | 208 |
including without limitation, a subsequent purchaser in good faith | 209 |
or any other subsequent holder of an interest in the property, | 210 |
regardless of whether the instrument was recorded prior to, on, or | 211 |
after
the effective date of this amendmentFebruary 1, 2002. | 212 |
Sec. 5301.25. (A) All deeds, land contracts referred to
in | 217 |
division
(B)(A)(2)(b) of section 317.08 of the Revised Code, and | 218 |
instruments of writing properly executed for the conveyance or | 219 |
encumbrance of lands, tenements, or hereditaments, other than as | 220 |
provided in division (C) of this section and section 5301.23
of | 221 |
the Revised Code, shall be
recorded in the office of the county | 222 |
recorder of the county in
which the premises are situated, and | 223 |
until. Until so recorded or filed
for record, they are
fraudulent, | 224 |
so farinsofar as
relatesthey relate to a
subsequent
bona fide | 225 |
purchaser having, at the time of purchase,
no knowledge
of the | 226 |
existence of
suchthat former deed
or, land
contract, or | 227 |
instrument. | 228 |
(C) All tax certificates sold pursuant to section 5721.32 or | 240 |
5721.33 of the Revised Code, or memoranda thereof, may be recorded | 241 |
in the office of the
county recorder of the county in which the | 242 |
premises are situated, as provided
in division (B) of section | 243 |
5721.35 of the Revised Code; provided, however, that the
first and | 244 |
superior lien of the state and its taxing districts conveyed to | 245 |
the
holder of the tax certificate, as provided in division (A) of | 246 |
section
5721.35 of the Revised Code, shall in no way be diminished | 247 |
or adversely affected if the tax
certificate evidencing the | 248 |
conveyance of such first and superior lien, or
memorandum thereof, | 249 |
is not recorded as provided in this section. | 250 |
(a) Foundations, columns,
girders, beams, supports, | 342 |
supporting walls, roofs, halls,
corridors, lobbies, stairs, | 343 |
stairways, fire escapes, entrances,
and exits of buildings; | 344 |
(g) All parts of the condominium
property that are not
listed | 358 |
in division (F)(2)(a), (b), (c), (d), (e), or (f) of this section | 359 |
that are
necessary or convenient to
its existence,
maintenance, | 360 |
and safety,
that are normally in
common use, or
that have been | 361 |
designated as
common elements in the
declaration or drawings. | 362 |
(M)
"Condominium
instruments" means the declaration and | 391 |
accompanying drawings and
plans, the bylaws of the unit owners | 392 |
association, the
condominium development disclosure statement | 393 |
described in
section 5311.26 of the Revised
Code, any contracts | 394 |
pertaining
to the management of the condominium property, and any | 395 |
other
documents, contracts, or instruments establishing ownership | 396 |
of
or exerting control over a condominium property or unit. | 397 |
(O)
"Condominium
property" means all real and personal | 402 |
property
submitted to
the provisions of this chapter, including | 403 |
land, the buildings,
improvements, and
structures on that
land, | 404 |
the land under a
water
slip, the
buildings, improvements,
and | 405 |
structures that form
or
that are
utilized in connection with
that | 406 |
water slip, and all
easements,
rights,
and appurtenances
belonging | 407 |
to the land or to
the land
under a
water slip. | 408 |
(V)
"Leasehold
condominium development" means a condominium | 432 |
development in
which each unit owner owns a ninety-nine-year | 433 |
leasehold estate,
renewable forever, in the owner's unit, in the | 434 |
land upon which
that unit is situated, or in both,
together with | 435 |
an
undivided leasehold interest in the
common
elements, with all | 436 |
leasehold interests due
to expire at the same time. | 437 |
(AA)
"Sale of a
condominium ownership interest" means the | 450 |
execution by both
parties of an agreement for the conveyance or | 451 |
transfer for
consideration of a condominium ownership interest.
| 452 |
"Sale of a condominium ownership interest" does not
include a | 453 |
transfer of one or more units from the developer to
another | 454 |
developer, a subsidiary of the developer, or a financial | 455 |
institution for the purpose of facilitating the sale or | 456 |
development of the remaining or unsold portion of the
condominium | 457 |
property or additional property. | 458 |
(E)(1) Ownership of a
unit that is not a water slip | 521 |
residential unit
includes the right to exclusive possession, use, | 522 |
and enjoyment of
the interior surfaces of
all
itsthe perimeter | 523 |
walls, floors, and
ceilings and of
allthe supporting walls, | 524 |
fixtures,
and other parts
of the building within its boundaries, | 525 |
including
the right to
paint, tile, wax, paper, or otherwise | 526 |
finish,
refinish, or
decorate the unit. | 527 |
(F) Each unit shall beis subject to the right of access for | 536 |
the purpose of maintenance, repair, or service of any common
area | 537 |
and facilityelement located within its boundaries or of any | 538 |
portion of
the unit itself by persons authorized by the board of | 539 |
managersdirectors of
the unit owners association. No
maintenance, | 540 |
repair, or service
of any portion of a unit shall be
authorized, | 541 |
however, unless it
is necessary in the opinion of the
board of | 542 |
managersdirectors for public
safety or in order to
prevent damage | 543 |
to or destruction of any
other part of the
condominium property. | 544 |
(G) To the extent provided in a declaration and subject
to | 545 |
conditions it imposes, a unit in a
condominium property other
than | 546 |
a condominium development may be
divided into two or more
units, | 547 |
or all or part of a unit may be
combined with all or part
of one | 548 |
or more other units. Such a
division or combination shall
require | 549 |
an amendment to the
declaration accompanied by drawings
showing | 550 |
all particulars of the
division or combination, as
provided in | 551 |
section 5311.07 of the
Revised Code. The
amendment
shall specify | 552 |
the percentage interest
in the common areas and
facilities, the | 553 |
proportionate
share of common surplus and
common
expenses, and
the | 554 |
voting
power of the unit or units
resulting
from the division
or | 555 |
combination,
the total of which, in
each
case, shall equal the | 556 |
interest, share, and
power of the former
unit or units divided
or | 557 |
combined. | 558 |
(2) Unless the board of directors finds any requested | 574 |
reallocation of the undivided interests in the common elements to | 575 |
be unreasonable, within thirty days after the board
receives the | 576 |
application, the association shall prepare, at the
expense of the | 577 |
owners of the adjoining units, an amendment to the
declaration | 578 |
that is executed by the owners of the affected units and that | 579 |
includes all
of the following: | 580 |
(B)(1) If the declaration reserves any common element as an | 613 |
exclusive use area, the
board of
directors may
delegate that | 614 |
common
element
to the use
of a certain
unit or
units, to the | 615 |
exclusion
of
other units. The
delegation
of a common
element may | 616 |
be
subject
to
criteria that the
unit owners association | 617 |
establishes,
including the
payment of an
additional fee that is | 618 |
part
of each
benefited unit's
common
expenses and that is only to | 619 |
be used for
the delegated
common
element. | 620 |
(b) The
amendment shall specify
the undivided
interests in | 633 |
the
common elements,
proportionate shares of common
surplus and | 634 |
common expenses, and
the voting powers of each unit
resulting from | 635 |
the
conversion, the total of which shall equal the
interest, | 636 |
share, and power of the
unit that was
converted. The amendment to | 637 |
the
declaration
shall assign an
identifying number to each unit | 638 |
formed, allocate
to each unit
a
portion of the undivided interest | 639 |
in the common
elements appurtenant to the convertible unit, | 640 |
describe or
delineate the limited common elements
formed out of | 641 |
the
convertible unit, and show or
designate
each
unit to which | 642 |
those
limited common elements are
reserved. | 643 |
Sec. 5311.04. (A) The common
areas and facilitieselements | 652 |
of a
condominium property are owned by the unit owners as tenants | 653 |
in
common, and the ownership shall remain undivided. No action
for | 654 |
partition of any part of the common
areas and facilitieselements | 655 |
may be
commenced, except as provided in section 5311.14
of the | 656 |
Revised
Code,
nor may anyand no unit owner otherwise
may
waive
or | 657 |
release
any
rights in the common
areas and facilitieselements. | 658 |
(1) For units
in condominium properties other than
expandable | 662 |
condominium
properties, the
undivided interest
in the
common | 663 |
elements shall be computed
in the proportion that
the
fair
market | 664 |
value of the unit bears to
the aggregate fair
market
value
of all | 665 |
units on the date
that the
declaration is
originally
filed
for | 666 |
record or, shall be based on
the size or par
value of the
unit,
or | 667 |
shall be computed on an equal basis.
Except | 668 |
(2) Except as provided in division
(C)(D) of this
section, | 669 |
the interest in the common
areas and facilitieselements | 670 |
appurtenant to
units in expandable condominium properties may be | 671 |
computed in any
proportion or on any basis that is the same for | 672 |
units submitted by
the declaration as originally filed and those | 673 |
submitted later by
the addition of additional property and that | 674 |
uniformly reallocates
undivided
interests of units previously | 675 |
submitted
when
additional property
is submitted.
If | 676 |
(C) If
a par value is
assigned to any unit,
then a par value | 677 |
shall be assigned to every
unit. Substantially identical units | 678 |
shall be assigned the same
par value, but units located at | 679 |
substantially different heights
above the ground, or having | 680 |
substantially different views,
amenities, or other characteristics | 681 |
that might result in
differences in fair market value may, but | 682 |
need not, be considered
substantially identical. If par value is | 683 |
stated in terms of
dollars, it need not reflect or relate in any | 684 |
way to the sale
price or fair market value of any unit, and no | 685 |
opinion,
appraisal, or market transaction at a different figure | 686 |
affects
the par value of any unit. | 687 |
(D)(E) Except as provided in
sectionsections 5311.031 to | 700 |
5311.033 and 5311.051 of the Revised
Code, the
percentage of | 701 |
undivided
interest in the common
areas and
facilitieselements of | 702 |
each unit as
expressed in the original declaration
shall not be | 703 |
altered except
by an amendment to the declaration
unanimously | 704 |
approved by all
unit owners affected. The undivided
interest in | 705 |
the common
areas
and facilitieselements shall not be
separated | 706 |
from the unit to which it
appertains and shall beis
deemed | 707 |
conveyed
or encumbered with the
unit even though
suchthat | 708 |
interest is not
expressly mentioned or
described in the deed, | 709 |
mortgage, lease, or
other instrument of
conveyance or
encumbrance. | 710 |
(G) Subject to rules the board of directors adopts
pursuant | 718 |
to division (B)(5) of section 5311.081 of the Revised
Code, the | 719 |
board may authorize the use of limited
common elements, as | 720 |
distinguished from the common elements and
exclusive use areas, | 721 |
for the
construction of open, unenclosed patios, hedges,
decks, | 722 |
fences, or similar improvements provided that the
improvements are | 723 |
maintained and insured by the owner of the unit
to which the | 724 |
limited common area is appurtenant. The
construction
of an | 725 |
addition
to or an expansion of a unit into
limited common elements | 726 |
or common
elements may
not be authorized without the
consent of | 727 |
all unit
owners. | 728 |
(a) Expenses that arise out of the administration,
operation, | 758 |
maintenance, repair, and replacement of security, | 759 |
telecommunications, rubbish removal, roads, entrances, recreation | 760 |
facilities, landscaping, and grounds care; | 761 |
Sec. 5311.05. (A) A declaration submitting property to
the | 766 |
provisions of this chapter shall be signed and acknowledged
by the | 767 |
owner
before a
judge or clerk of a court of record, county | 768 |
auditor,
county
engineer, notary public,
or mayor,
or county court | 769 |
judge, who
shall
certify
the acknowledgment and subscribe
the | 770 |
certificate of
acknowledgment. | 771 |
(4) A general description of
the building or
buildings | 783 |
thereby submitted to the provisions of this chapter, stating the | 784 |
principal
construction materials
of which it is or they are | 785 |
constructed and
the
number of stories, basements, and units
in the | 786 |
building or
buildings, or. The declaration for a water slip | 787 |
property shall also contain a general
description of each water | 788 |
slip and of the
piers and wharves
forming each water slip
thereby | 789 |
submitted to the
provisions of
this chapter; | 790 |
(6) A description of the common
area and facilitieselements | 797 |
and
limited common
areas and facilities therebyelements submitted | 798 |
to
the
provisions of this chapter, the
percentage or percentages | 799 |
ofundivided
interest
in
the common area and facilities and | 800 |
limited
common
areas and facilities appertainingthose elements | 801 |
appurtenant to each unit, the basis
upon
which
those appurtenant | 802 |
percentages of interestundivided interests are
allocated, and
the | 803 |
procedures whereby the
percentagesundivided interests | 804 |
appertaining
to each unit
may
be altered, which percentages,. The | 805 |
undivided interests, basis, and
procedures shall be
in
accordance | 806 |
with
sectionsections 5311.031 to 5311.033 and 5311.04 of the | 807 |
Revised Code; | 808 |
(10) The method by which the declaration may be amended,
that | 822 |
which, except as provided in division
(D)(E) of
this section, | 823 |
division (E) of section 5311.04, division (B) of section 5311.041, | 824 |
and
sectionsections 5311.031 to 5311.033 and 5311.051 of the | 825 |
Revised Code, shall requirerequires the
affirmative vote of those | 826 |
unit
owners exercising not less than
seventy-five per cent of the | 827 |
voting power; | 828 |
(3)
A time limit, not exceeding seven years from the date
the | 841 |
declaration is filed for record, renewable for an additional | 842 |
seven-year period at the option of the developer, exercisable | 843 |
within six months prior to the expiration of the seven-year
period | 844 |
and with the consent of the majority of the unit owners
other than | 845 |
the developer upon which the option to expand the
condominium | 846 |
property will expire, together with a statement of
any | 847 |
circumstances that will terminate the option prior to the | 848 |
expiration of the time limit;(a) The time at which the option to | 849 |
expand the condominium development expires, which shall not
exceed | 850 |
seven years from the date the declaration is filed for
record; | 851 |
(5) A statement
as to whether all, or a particular
portion, | 864 |
of the additional property must be added to the
condominium | 865 |
property, or whether, if any additional property is
added, all or | 866 |
a particular portion of the additional property
must be added, | 867 |
and, if not, a statement of any limitations as to
the portions | 868 |
that may be added or a statement that there are no
such | 869 |
limitations;that specifies all of the following: | 870 |
(6) A statement
as toof whether portions of the additional | 878 |
property may be added
to the condominium property at different | 879 |
times, together withand a statement that sets forth any | 880 |
limitations
fixingon the addition of additional property at | 881 |
different times, including the legal descriptions of
the | 882 |
boundaries of
those portions
by legal descriptions setting
forth | 883 |
the metes and
bounds of those portions, or regulatingthat may be | 884 |
added and specifications on the order in which
theythose portions | 885 |
may be added to the condominium property,
or bothor a statement | 886 |
that there are no limitations on the addition of additional | 887 |
property; | 888 |
(8) A statement of the maximum number of units that may be | 893 |
created on the additional property. If portions of the
additional | 894 |
property may be added to the condominium property and
the | 895 |
boundaries of those portions are fixed in accordance with
division | 896 |
(C)(6) of this section, the declaration
shall also
shall state
the | 897 |
maximum number of units that may be created on each portion
added | 898 |
to the condominium property. If portions of the additional | 899 |
property may be added to the condominium property and the | 900 |
boundaries of those portions are not fixed in accordance with | 901 |
division (C)(6) of this section, the declaration
shall also
shall | 902 |
state
the maximum number of units per acre that may be created on | 903 |
any
portion added to the condominium property. | 904 |
(9) Except
in cases wherewhen the
previously submitted | 905 |
original
condominium property
containscontained no units | 906 |
restricted
exclusively to
residential use, a statement of the | 907 |
maximum percentage of the
aggregate land
area and
the maximum | 908 |
percentage of aggregate floor area
of allthat may be devoted to | 909 |
units not restricted
exclusively to residential use
that may be | 910 |
created on any
additional property or portions of additional | 911 |
property
that may
be
added to the condominium property; | 912 |
(13) A description of
the declarant'sany reserved right, if | 936 |
any, eitherof the declarant to create limited common
areas and | 937 |
facilitieselements within
any portion of the additional property | 938 |
added to the condominium
property or to designate common
areas and | 939 |
facilitieselements within each
portion. The description shall | 940 |
specify the
types,
sizes, and
maximum number of limited common | 941 |
elements in each
portion that
may subsequently be assigned as | 942 |
limited common
areas
and
facilities, in terms of the types, sizes, | 943 |
and maximum number
of
those areas and facilities in each portion | 944 |
to units; | 945 |
(15)
A statement that a successor owner of the
condominium | 950 |
property or of additional property added to the
condominium | 951 |
property who is not an affiliate of the developer
and who is a | 952 |
bona fide purchaser of the property for value, or a purchaser who | 953 |
acquires the property at a sheriff's sale or by
deed in lieu of a | 954 |
foreclosure, is not liable in damages
for harm caused by
an action | 955 |
or omission of the
developer
or a
breach of an
obligation by the | 956 |
developer. | 957 |
(5) A statement that, subsequent to the recording of the | 983 |
declaration, no lessor who executed it, and no successor in | 984 |
interest to
thethat lessor, havehas any right or power to | 985 |
terminate any
part of the leasehold interest of any unit owner who | 986 |
makes timely
payment of
the unit owner's share of the rent to the | 987 |
person
designated in the
declaration for the receipt of
thethat | 988 |
rent and who
otherwise
complies with all covenants that, if | 989 |
violated, would
entitle the
lessor to terminate the lease. | 990 |
Sec. 5311.051. In the case of an expandable condominium | 1021 |
property, landLand and improvements on the property shall beof | 1022 |
an
expandable condominium property are considered added to the | 1023 |
condominium property and submitted to the
provisions of this | 1024 |
chapter upon executionthe declarant and all owners and lessees of | 1025 |
the added land executing and filing for record
by
the declarant, | 1026 |
including all of the owners and lessees of the
land
so added, | 1027 |
pursuant to sections 5311.06 and 5311.07 of the
Revised
Code, of | 1028 |
an amendment to the declaration, that contains
the
information, | 1029 |
drawings, and plans with respect to the
additional
property and | 1030 |
improvements required by those sections
and by
divisions (A) and | 1031 |
(B) of section 5311.05 of the Revised
Code. The
amendment, | 1032 |
pursuant to the declaration and section
5311.04 of the
Revised | 1033 |
Code, shall allocate and reallocate
percentages of
interest | 1034 |
undivided interests in the common
areas and facilitieselements of | 1035 |
the
condominium
property appertaining to each unit of
the | 1036 |
condominium
property.
Notwithstanding division
(D) of
section | 1037 |
5311.04 and
division
(B)(9) of section 5311.05 of the
Revised | 1038 |
Code, theThe execution and
filing for record
of an amendment | 1039 |
submitting additional property to an expandable condominium | 1040 |
property is an effective
amendment of the
declaration
without a | 1041 |
vote of the unit owners. | 1042 |
Sec. 5311.052. If a condominium property for which the | 1043 |
declaration was filed
with a county recorder prior to October 1, | 1044 |
1978, has been expanded
prior to
the effective date of this | 1045 |
section or is expanded on or after the effective date of this | 1046 |
section by the addition of units
in accordance with the | 1047 |
declaration, and if the unit owners do not commence an action to | 1048 |
contest the change in
the
percentageundivided interests in the | 1049 |
common
areas and facilities of the unit owners
by reason
of the | 1050 |
amendment to the
declaration effecting the expansion has not
been | 1051 |
or is not
commencedelements in a court of competent jurisdiction | 1052 |
within two years
after the date that the amendment was or is filed | 1053 |
with the county
recorder,
or
within six months after the effective | 1054 |
date of this
section, whichever date is later, each of the
unit | 1055 |
owners of the
condominium property as expanded shall beis deemed | 1056 |
to have
assented
to and ratified the amendment, and the
percentage | 1057 |
undivided
interests in the
common
areas and facilitieselements of | 1058 |
the unit
owners shallis no longer be contestable. | 1059 |
Sec. 5311.06. (A)(1) A declaration of condominium property | 1060 |
shall be filed and recorded in the office of the recorder of the | 1061 |
county or counties in which the land or water slips described in | 1062 |
the declaration are situated. All original declarations when
filed | 1063 |
shall
have attachedbe accompanied by a set of drawings of
the | 1064 |
condominium
property,
provided for inas required by section | 1065 |
5311.07 of the
Revised
Code,
and a true copy of the bylaws of the | 1066 |
unit owners
association,
provided for inas required by section | 1067 |
5311.08 of the
Revised Code.
Any | 1068 |
Sec. 5311.07. (A)(1) A set of drawings shall be prepared
for | 1092 |
every condominium property
which showthat graphically,
insofar as | 1093 |
is
possible, all the particulars of the land or water
slips, | 1094 |
buildings, and other improvements, including, but not
limited to, | 1095 |
shows
the
layoutboundaries, location, designation,
length,
width, | 1096 |
and
dimensionsheight of each
unit,;
the
layoutboundaries, | 1097 |
location,
designation, and
dimensions of the common
areas and | 1098 |
facilitieselements and
the limited common
areas and
facilities, | 1099 |
elements and exclusive use areas; and
the
location
and
dimensions | 1100 |
of
all appurtenant easements or
encroachments,
and, if. | 1101 |
(C) If some, but not all, portions of the condominium | 1119 |
property
are to be held by unit owners in a leasehold estate, the | 1120 |
drawings
shall show the
locationslocation and dimensions of each | 1121 |
portion
and shall
label the portion as leased land or as leased | 1122 |
property.
If there
is more than one portion of leased land or | 1123 |
leased
property, the
drawings shall label each portion
with one or | 1124 |
more
letters or
numbers, or both,in a manner that is different | 1125 |
from
thosethe labels designating any
other
portions of the
leased | 1126 |
land or leased property, and
different
also
from the
identifying | 1127 |
number of any unit. | 1128 |
(E)(1)If any owner of a convertible unit
converts all or any | 1134 |
portion of a
convertible unit into one or
more units and common | 1135 |
elements, including limited common elements, the
owner shall | 1136 |
prepare, file, and
record drawings as described in
divisions | 1137 |
(E)(2) and (3) of this section
that pertain to
the portion of the | 1138 |
building,
improvement,
or
structure that constituted the former | 1139 |
convertible
unit. | 1140 |
(2) The
drawings shall show the boundaries,
location, | 1141 |
designation, length, width, and height of each unit
formed out
of | 1142 |
the former convertible unit; the boundaries,
location, | 1143 |
designation, and dimensions of the limited common
elements | 1144 |
appurtenant to each unit; and the
boundaries, location, | 1145 |
designation, and
dimensions
of any common element formed out of | 1146 |
the former
convertible unit. | 1147 |
Sec. 5311.08. (A)(1) Every condominium property shall be | 1153 |
administered by a unit owners association,
which. All power and | 1154 |
authority of the unit owners association shall be exercised by a | 1155 |
board of directors, which the unit owners shall elect from among | 1156 |
the unit owners or the spouses of unit owners. If a unit owner is | 1157 |
not an individual, that unit owner may nominate for the board of | 1158 |
directors any principal, member of a limited liability company, | 1159 |
partner, director, officer, or employee of that unit owner. | 1160 |
(7)(6) By whom and the procedure by which administrative | 1214 |
rules
governing the operation and use of the condominium property | 1215 |
or any
portion of the property may be adopted and amended. These | 1216 |
rules may govern any aspect of the condominium property that is | 1217 |
not required to be governed by bylaws and may include standards | 1218 |
governing the type and nature of
information and documents that | 1219 |
are subject to examination and
copying by unit owners pursuant to | 1220 |
section 5311.091 of the Revised
Code, including the times and | 1221 |
location at which items may be
examined or copied and any required | 1222 |
fee for copying the
information or documents. | 1223 |
(C)
In a condominium development, the(1) The unit owners | 1224 |
association shall be established not later than the date
that the | 1225 |
deed
or other evidence of ownership is filed for record following | 1226 |
the
first sale of a condominium ownership interest in
thea | 1227 |
condominium development. Membership in the unit owners
association | 1228 |
shall be
limited to unit owners, and all unit owners
shall be | 1229 |
members.
Until the unit owners association is
established, the | 1230 |
developer
shall act in all instances
wherein
which action of the | 1231 |
unit
owners
association or its officers is
authorized or required | 1232 |
by
law or
the declaration. | 1233 |
(2)(a) Not later than
sixty days after the
time that | 1234 |
developer has sold and conveyed
condominium
ownership
interests | 1235 |
appertaining to
which twenty-five
per cent of
the undivided | 1236 |
interests in the common
areas and
facilities
appertain
have been | 1237 |
sold and conveyed by the
developerelements in
a
condominium | 1238 |
development,
the unit owners
association shall meet,
and the unit | 1239 |
owners,
other
than the
developer, shall elect not
less than | 1240 |
twenty-five per
centone-third of the members of the
board of | 1241 |
managers.
Not later than
the
time that
condominium
ownership | 1242 |
interests to which fifty per
cent
of
the
undivided
interests | 1243 |
appertain have been
sold and
conveyed,
such
unit owners
shall | 1244 |
elect not less than
thirty-three
and
one-third
per cent of
the | 1245 |
members of the board of
managersdirectors.
When | 1246 |
(b) When
computing
percentages of interestundivided | 1247 |
interests in expandable
condominium
properties
for purposes of | 1248 |
divisions (C) and (D) of this
divisionsection, the
percentage of | 1249 |
interestundivided interests in
common
areas and facilities | 1250 |
elements shall be
computed by
comparing the number of units sold | 1251 |
and conveyed to the
maximum
number of units that may be created, | 1252 |
as stated in the
declaration
pursuant to division (C)(8) of | 1253 |
section 5311.05 of the
Revised
Code. | 1254 |
(D)(1) Except as
statedprovided in division (C) of this | 1255 |
section, the
declaration
or bylaws of a condominium development | 1256 |
may authorize
the
developer or persons designated by
himthe | 1257 |
developer designates to
appoint
and remove
members of the board of | 1258 |
managers
and other
officersdirectors of
the unit
owners | 1259 |
association and to
exercise
the powers
and
responsibilities | 1260 |
otherwise assigned by law
or, the
declaration, or the bylaws to | 1261 |
the unit owners association,or to the
board of
managers, or other | 1262 |
officers. Such andirectors. The
authorization for developer | 1263 |
control may
extend from
the date of the
establishment
of the
unit | 1264 |
owners association is established until
the earlier of: | 1265 |
(2) Thirtysixty
days after the sale and
conveyance
to | 1269 |
purchasers in good faith for value of
condominium
ownership | 1270 |
interests to which appertain seventy-five
per cent of
the | 1271 |
undivided interests in the common
areas and
facilities
to | 1272 |
purchasers in good faith for valueelements appertain, except that | 1273 |
in no case may the authorization extend for more than five years | 1274 |
after the unit owners association is established if the | 1275 |
declaration includes expandable condominium property or more than | 1276 |
three years after the unit owners association is established if | 1277 |
the declaration does not include expandable condominium property. | 1278 |
(3) Within
thirtysixty days
ofafter the expiration of
any | 1283 |
the
period during
which the developer exercises powers under
this | 1284 |
has control pursuant to
division
(D)(1)of this section, the
unit | 1285 |
owners association shall
meet and elect all members of the
board | 1286 |
of
managers
and all other
officersdirectors of the
unit owners | 1287 |
association. The persons
so
elected
shall take office
upon | 1288 |
electionat the end of the meeting
during which they are elected | 1289 |
and shall, as soon as reasonably
possible, appoint officers. | 1290 |
(1) Adopt and amend budgets for revenues, expenditures, and | 1297 |
reserves in an amount adequate to repair and replace major capital | 1298 |
items in the normal course of operations without the necessity of | 1299 |
special assessments, provided that the amount set aside annually | 1300 |
for reserves shall not be less than ten per cent of the budget for | 1301 |
that year unless the reserve requirement is waived annually by the | 1302 |
unit owners exercising not less than a majority of the voting | 1303 |
power of the unit owners association; | 1304 |
(2) Commence, defend, intervene in, settle, or
compromise
any | 1314 |
civil, criminal, or administrative action or
proceeding that
is in | 1315 |
the name of, or threatened against, the unit owners
association, | 1316 |
the board of
directors, or the condominium property,
or that | 1317 |
involves two or more
unit owners and relates to matters
affecting | 1318 |
the condominium
property; | 1319 |
(7) Purchase, encumber, and convey units, and, subject to
any | 1331 |
restrictions in the declaration or bylaws
and with the
approvals | 1332 |
required by division (H)(2) or (3) of
section 5311.04
of the | 1333 |
Revised Code, acquire an interest in other real
property
and | 1334 |
encumber
or convey
that interest. All expenses
incurred in | 1335 |
connection with
the
acquisition, encumbrance, use, and
operation | 1336 |
of that interest
are common expenses. | 1337 |
(12) Impose interest and late charges for the late
payment
of | 1348 |
assessments; impose returned check
charges; and, pursuant to | 1349 |
division (C) of this section,
impose
reasonable
enforcement | 1350 |
assessments for
violations of the
declaration,
the
bylaws, and
the | 1351 |
rules of the
unit owners association,
and
reasonable
charges
for | 1352 |
damage to the common elements
or other
property; | 1353 |
(2)(a) To request a hearing, the owner shall
deliver a | 1402 |
written notice to the board of directors not later than the tenth | 1403 |
day
after
receiving the notice required by division (C)(1) of
this | 1404 |
section.
If the owner fails to make a timely request for a | 1405 |
hearing,
the
right to that hearing is waived, and the board may | 1406 |
immediately
impose a charge for damages or an enforcement | 1407 |
assessment pursuant to division (C) of this
section. | 1408 |
(c) Except in the case of a conversion condominium, | 1468 |
documents, information, and sources of information concerning the | 1469 |
location of underground utility lines, and plans and | 1470 |
specifications that are not proprietary or copyrighted, of the | 1471 |
buildings, other improvements,
and structures of the condominium | 1472 |
property that are reasonably available to the developer, but only | 1473 |
in
connection with condominium
developments
declared on or after | 1474 |
the
effective date of this
amendment and
condominium developments | 1475 |
that
are declared prior
to that date but
originally built or | 1476 |
constructed on or after
that date. | 1477 |
Sec. 5311.091. (A) Except as otherwise prohibited by this | 1485 |
section, any member of a unit owners association may examine and | 1486 |
copy the books, records, and minutes described in division (A) of | 1487 |
section 5311.09 of the Revised Code pursuant to reasonable | 1488 |
standards set
forth in the declaration, bylaws, or rules the board | 1489 |
promulgates, which may
include, but are not limited to, standards | 1490 |
governing the type of
documents that are subject to examination | 1491 |
and copying, the times
and locations at which those documents may | 1492 |
be examined or copied,
and the specification of a reasonable fee | 1493 |
for copying the
documents. | 1494 |
Sec. 5311.10. In any deed, mortgage, lease, or other | 1512 |
instrument of conveyance
or encumbrance of, or by which a lien is | 1513 |
created upon, any interest or estate
in
aany unit
or units of | 1514 |
condominium property, it is sufficient to
describe
suchthe
unit | 1515 |
or units by setting forth the name of the condominium property, | 1516 |
the
number
or other designation of the unit
or units, and the | 1517 |
numbers of the volumes and
initial pages of the records of the | 1518 |
declaration and drawings of the
condominium
property.
This
section | 1519 |
does not require reference by volume and
page to
amendments to
the | 1520 |
declaration or the drawings of the
condominium
property
that | 1521 |
accompany an amendment, and the omission of any reference to | 1522 |
amendments does not
affect the validity of any deed,
mortgage, | 1523 |
lease, or other
instrument referred to in this
section. | 1524 |
Sec. 5311.12. TheNo owner
or owners of property submitted | 1532 |
to
the provisions of
Chapter 5311. of the Revised Codethis | 1533 |
chapter
shall
not
thereafter convey
fee title to any unit
thereof | 1534 |
of the
condominium
property
until
all
liens and encumbrances, | 1535 |
except
taxes and
assessments
of political
subdivisions
not then | 1536 |
due and
payable, affecting both
suchthe
unit
and
any other
part | 1537 |
of the condominium
property
have beenare
paid and
satisfied or, | 1538 |
the unit
being
conveyed has
beenis
released from
the operation | 1539 |
thereofof those
liens and
encumbrances, or the purchaser of the | 1540 |
unit assumes the lien. | 1541 |
(B) Any person who does work or labor upon or furnishes | 1549 |
machinery, material, or fuel for the alteration or repair of any | 1550 |
unit without the consent or authorization of
theany owner, | 1551 |
part-owner or lessee of any interest in the unit, or
histhe | 1552 |
owner's or lessee's authorized agent, is
nevertheless
is entitled | 1553 |
to a lien to secure
payment
thereforfor
the work, labor, | 1554 |
machinery, material, or
fuel on the estate or
interest in the unit | 1555 |
of the
owner, pursuant to sections 1311.01 to
1311.38 of the | 1556 |
Revised
Code, if the
work, labor, alteration, or
repair
has
been | 1557 |
was duly authorized or
directed by the board of
managersdirectors | 1558 |
of the unit owners association
and
has been
necessary
in the | 1559 |
opinion of the board of
managersdirectors
for
public safety or in | 1560 |
order to prevent damage to or destruction
of
any other part of the | 1561 |
condominium property. | 1562 |
(C) Any person who does work or labor upon or furnishes | 1563 |
machinery, material, or fuel for the construction, alteration, | 1564 |
repair, improvement, enhancement, or embellishment of any part of | 1565 |
the common
areas and facilitieselements of any condominium | 1566 |
property is
entitled to a lien to secure payment
thereforfor the | 1567 |
work, labor,
machinery, material, or fuel on the estates or | 1568 |
interests of all
owners in all units and their respective | 1569 |
percentages of interestundivided interests
in the common
areas | 1570 |
and facilitieselements,
pursuant to sections 1311.01
to 1311.38 | 1571 |
of the Revised Code, if
the
work, labor, construction,
alteration, | 1572 |
repair, improvement,
enhancement,
or embellishment
has
beenwas | 1573 |
duly authorized or directed by the
board of
managersdirectors of | 1574 |
the unit owners association. | 1575 |
(D)
Whenever anyIf a lien or encumbrance arises with
respect | 1576 |
to and affects any estate or interest in two or more
units, the | 1577 |
proportionate amount of the obligation secured or
evidenced by
the | 1578 |
lien or encumbrance that is attributable to the
estate or
interest | 1579 |
in any
such unit shall be in the
ratio
that the
percentage of | 1580 |
interestundivided interests in the common
areas and
facilities | 1581 |
elements
appurtenant to that unit bears to the total
percentages | 1582 |
of
interestundivided interests in the common
areas
and facilities | 1583 |
elements appurtenant to all
such units. An estate or interest in a | 1584 |
unit may
be
released and
discharged from the operation of the lien | 1585 |
or
encumbrance, in the
same manner and to the same extent that a | 1586 |
lien
or encumbrance
could beis released and discharged with | 1587 |
respect to
any separate
parcel of real estate, by payment to the | 1588 |
person or
persons
entitled theretolienholder or encumbrancer of | 1589 |
the
proportionate
amount of the obligation
secured or evidenced by | 1590 |
the
lien or
encumbrance that is
attributable to the estate or | 1591 |
interest. | 1592 |
(E)(1) When a lien exists under Chapter 1311. of the Revised | 1593 |
Code to secure payment for work or labor done or machinery, | 1594 |
material, or fuel furnished for property, which thereafterthat | 1595 |
subsequently
becomes condominium property through the filing
and | 1596 |
recording of a
declaration
under section 5311.06 of the Revised | 1597 |
Code, regardless of the
condominium property to which the lien | 1598 |
originally attached, after
the declaration is filed for record, | 1599 |
the lien is enforceable as
to condominium property only against | 1600 |
units and their appurtenant
interests in the common
areas and | 1601 |
facilities owned byelements that the
declarantdeveloper owned or | 1602 |
conveyed
by
him,
other than as
described in division
(F) of
this | 1603 |
section.
Foreclosure | 1604 |
Sec. 5311.14. (A) Unless provided otherwise in the | 1620 |
declaration, damage to or
destruction of all or any part of the | 1621 |
common
areas and facilitieselements of a
condominium property | 1622 |
shall be
promptly repaired and restored by the
manager
or
board of | 1623 |
managersdirectorsof the unit owners association. The cost of | 1624 |
suchthe repairs and
restoration shall be paid
from
the proceeds | 1625 |
of insurance, if any,
payable because of
suchthe
damage or | 1626 |
destruction, and the balance
of
suchthat cost shall beis a | 1627 |
common
expense. | 1628 |
(B)(1) Unless provided otherwise in the declaration, in the | 1629 |
event of damage to
or
destruction of all or any part of the common | 1630 |
areas and facilitieselements of a
condominium property, the unit | 1631 |
owners,
by the affirmative vote of those
entitled
to exercise not | 1632 |
less
than seventy-five per cent of the voting power or
sucha | 1633 |
greater
per cent
as may beif provided in the declaration, may | 1634 |
elect
not
to
repair
or restore the
samedamaged or destroyed | 1635 |
common
elements.
Upon such | 1636 |
(2) Upon an election
not to repair or restore,
all of the | 1637 |
condominium property is
subject to an action for sale as upon | 1638 |
partition at the suit of
any unit
owner.
In the event of any
such | 1639 |
sale or a sale of the
condominium property after
such
election by | 1640 |
agreement of all unit owners exercising a majority of the voting | 1641 |
power of unit owners. If the condominium
property is sold
pursuant | 1642 |
to division (B)(2) of this section,
theany
net
proceeds of the | 1643 |
sale,
together with the net proceeds of
insurance,
if any, and any | 1644 |
other
indemnity
arising because of
suchthe
damage or destruction, | 1645 |
shall
beare considered as one fund
and
shall
be distributedfor | 1646 |
distribution to all unit owners in proportion to
their
respective | 1647 |
percentages of interestthe undivided interests in the
common | 1648 |
areas and
facilitieselements appurtenant to
their units.
No | 1649 |
Sec. 5311.16. Unless otherwise provided by the declaration | 1655 |
or bylaws, the
board of
managersdirectors shall insure all unit | 1656 |
owners, their tenants, and all persons
lawfully in possession or | 1657 |
control of any part of the condominium property for
suchthe | 1658 |
amount asthat it determines against liability for personal injury | 1659 |
or
property
damage arising from or relating to the common
areas | 1660 |
and
facilitieselements and shall
also obtain for the benefit of | 1661 |
all
unit owners, fire and extended coverage
insurance on all | 1662 |
buildings
and structures of the condominium property in an
amount | 1663 |
not less
than eighty per cent of the fair market value thereof. | 1664 |
The cost of
suchthe
insurance shall beis a common expense. | 1665 |
Sec. 5311.17. (A) Unless otherwise provided by the | 1666 |
declaration
or division (B) of section 5311.14 of
the Revised | 1667 |
Code, the unit
owners, by the affirmative vote of all
unit
owners, | 1668 |
may elect to remove
condominium property from the
provisions of | 1669 |
Chapter 5311.
of the Revised Codethis chapter. In
the event of | 1670 |
suchthat
election, all liens and
encumbrances,
except taxes and | 1671 |
assessments
of political subdivisions not then
due and
payable, | 1672 |
upon all or
any part of the condominium
property,
shall
be paid, | 1673 |
released,
modified, or discharged,
and a.A
certificate
setting | 1674 |
forth that
suchthe election was made shall be
filed with
the | 1675 |
recorder of the
county or counties in which the
condominium | 1676 |
property is situated
and
by
him
recorded
by each
recorder.
Such | 1677 |
The
certificate shall
be
signed
byas follows: | 1678 |
(1) By the president or
other chief
officer of the
board of | 1679 |
managers of the unit owners
association, who shall
certify
therein | 1680 |
in the certificate under
oath that all liens and
encumbrances, | 1681 |
except taxes and
assessments
of political subdivisions
not then | 1682 |
due and payable, upon all or
any part of the common
areas
and | 1683 |
facilitieselements have been
paid,
released,
modified, or | 1684 |
discharged,
and shall also be
signed
by; | 1685 |
(C) A condominium property shall beis deemed removed from | 1697 |
the
provisions of
Chapter 5311. of the Revised Codethis chapter | 1698 |
upon
the
filing of the certificate with the
recorder or recorders, | 1699 |
and
upon
suchthat removal, the property
shall beis owned in | 1700 |
common by
the unit owners. The undivided interest in the property | 1701 |
owned by
each unit owner shall beis the
percentage ofundivided | 1702 |
interest in
the common
areas and
facilitieselements appurtenant | 1703 |
to the units
in the condominium
property
previously owned by
such | 1704 |
each owner. | 1705 |
Sec. 5311.18. (A)(1) Unless otherwise provided by the | 1706 |
declaration or
the bylaws, the unit owners association shall have | 1707 |
has
a
lien upon the estate or interest of the owner in any unit | 1708 |
and
the
appurtenant
percentage ofundivided interest in the common | 1709 |
areas and
facilitieselements for the payment of
any of the | 1710 |
portion of the commonfollowing expenses
that are
chargeable | 1711 |
against the
unit
and
that
remainsremain
unpaid for ten
days
after | 1712 |
theany portion
has
become
due and
payable.: | 1713 |
(3) The lien
described in division (A)(1) of this
section is | 1734 |
effective on the date
that a certificate of lien
in the form | 1735 |
described in division (A)(3) of this section is filed for record | 1736 |
in the office of
the recorder of the county or counties in which | 1737 |
the condominium
property is situated pursuant to
an authorization | 1738 |
given by the
board of
managersdirectors of the unit owners | 1739 |
association. The
certificate
shall contain a
description of the | 1740 |
unit, the name of
the record
owner
of the unit, and
the
amount of | 1741 |
the unpaid portion
of the
common expenses and, subject to | 1742 |
subsequent adjustments, any
unpaid interest,
administrative
late | 1743 |
fees,
enforcement
assessments, collection costs,
attorney's
fees, | 1744 |
and
paralegal
fees. The certificate
shall be
subscribed by the | 1745 |
president or
other
chief officer of the
unit
ownersdesignated | 1746 |
representative
of the association.
The | 1747 |
(B)(1) The lien
provided for bydescribed in division
(A)(1) | 1755 |
of this section
is prior to any lien or encumbrance subsequently | 1756 |
arising or
created, except liens for real estate taxes and | 1757 |
assessments
of political subdivisions and
liens of first mortgages | 1758 |
that have been filed for
record, and may
be foreclosed in the same | 1759 |
manner as a mortgage on
real property
in an action brought on | 1760 |
behalf of the unit owners
association by
itsthe president or | 1761 |
other chief officer
of the
association pursuant to authority given | 1762 |
to
himthat
individual by
the board of
managersdirectors.
In the | 1763 |
(2)
In a
foreclosure action
a unit owners
association | 1764 |
commences pursuant to
division (B)(1) of this section
or a | 1765 |
foreclosure action the holder of
a first mortgage or
other lien on | 1766 |
a unit commences, the
owner of the unit
affected, as the
defendant | 1767 |
in the action, shall be required to pay a
reasonable
rental for | 1768 |
the unit
during the pendency of the action,
and the
plaintiff in | 1769 |
the action.The unit owners
association or
the holder
of the lien | 1770 |
is entitled to the
appointment of a
receiver to
collect the | 1771 |
rental.
In theEach
rental payment a
receiver collects
during
the | 1772 |
pendency of the
foreclosure
action shall be applied
first to
the | 1773 |
payment of the
portion of the
common expenses
chargeable to
the | 1774 |
unit during the
foreclosure
action. | 1775 |
(4)
Unless prohibited by the declaration or the
bylaws, | 1779 |
following a foreclosure action a unit
owners
association commences | 1780 |
pursuant to division
(B)(1) of this section or
a
foreclosure | 1781 |
action
the holder of a lien on
a unit commences,
the
unit owners | 1782 |
association, or its agent, duly authorized
by
action
of
itsthe | 1783 |
board of
managersdirectors, is entitled, unless
prohibited by the | 1784 |
declaration or bylaws, to become a purchaser at
the foreclosure | 1785 |
sale. | 1786 |
(C) A unit owner who believes that the portion of the
common | 1795 |
expenses chargeable to
histhe unit, for which a
certificate
of | 1796 |
lien has been filed by the unit owners association files a | 1797 |
certificate of lien
pursuant to
division (A) of
this section, has | 1798 |
been improperly
charged
against
him or his unit
may commence an | 1799 |
action for the
discharge of the
lien in the court
of common pleas | 1800 |
of the county
in which all or a
part of the
condominium property | 1801 |
is situated.
In
the action, if it
is
finally determined that the | 1802 |
portion of the
common expenses has
beenwas improperly charged to | 1803 |
the
unit owner or
histhe
unit, the
court
shall
make suchenter an | 1804 |
order
as isthat
it determines to
be just, which may provide for a | 1805 |
discharge of
record of all or a
portion of the lien. | 1806 |
Sec. 5311.19. (A)
All unit owners, their tenants,
and all | 1807 |
persons lawfully in
possession and control of any part of
thea | 1808 |
condominium property, and the unit owners association of a | 1809 |
condominium property shall comply
with all covenants, conditions, | 1810 |
and restrictions set forth in a deed to which
they are subject or | 1811 |
in the declaration,
the bylaws
of the unit
owners association,
or | 1812 |
administrativethe rules
and regulations adopted pursuant
toof | 1813 |
the
provisions
thereofunit owners association, as any of
the same | 1814 |
may be lawfully amended from time to time, and
violations thereof. | 1815 |
Violations of those covenants, conditions,
or
restrictions shall | 1816 |
be grounds for
actions brought by the unit
owners association,
by | 1817 |
a unit owner
or
unit owners, or
by both the
unit owners | 1818 |
association or any unit owner to commence a
civil
action for | 1819 |
damages
or,
injunctive
relief, or both,
and an
award of
court | 1820 |
costs and
reasonable attorney's fees
in both types
of
action. | 1821 |
(B)(1) Except as otherwise provided in the
declaration or the | 1822 |
bylaws, a unit owners association may initiate
eviction | 1823 |
proceedings, pursuant to Chapters 5321. and 1923. of the
Revised | 1824 |
Code, to evict a tenant for a violation of division (A) of this | 1825 |
section. The action shall be
brought
by the unit owners | 1826 |
association, as the unit owner's agent, in the
name
of the
unit | 1827 |
owner. | 1828 |
Sec. 5311.20. In any action relating to the common
areas and | 1838 |
facilitieselements or to
any right, duty, or obligation possessed | 1839 |
or
imposed upon the unit owners
association, by statute or | 1840 |
otherwise,
the
unit owners association may
sue or
be
sued as a | 1841 |
separate legal
entity. In any
such action
of that
nature, service | 1842 |
of summons or
other process may be made upon the unit owners | 1843 |
association by
serving the
sameprocess
personally upon the | 1844 |
president or other
chief officer
thereof or upon
the
person | 1845 |
designated representative of the unit owners association
named in | 1846 |
the declaration
as the person to receive service of
process | 1847 |
therefor, or the person named as
statutory
agent
of the | 1848 |
association if it is an incorporated
entity,
or by
leaving the | 1849 |
sameprocess at the residence or place
of
business of
sucha | 1850 |
person
set
forthnamed in the declaration
or
named as
statutory | 1851 |
agent. Any
such
action
brought by or on
behalf of the unit
owners | 1852 |
association
shall be
pursuant to
authority granted by
itsthe | 1853 |
board of
managersdirectors. | 1854 |
Sec. 5311.21. TheUnless retained by the board of directors | 1855 |
as reserves, the common profits of a condominium property
shall be | 1856 |
distributed among, and, except as provided in division
(B) of | 1857 |
section 5311.041 of the Revised Code, the
common
expenses shall be | 1858 |
charged to the unit owners
according to
the
percentages of | 1859 |
interestundivided interests in the common
areas and facilities | 1860 |
elements
appurtenant to their respective units. | 1861 |
(B) Fiduciaries
and minors who are owners of record of a
unit | 1869 |
or units may vote their respective interests as unit owners.
If | 1870 |
Unless otherwise provided in the declaration or bylaws, if
two
or | 1871 |
more persons, whether fiduciaries, tenants in common,
or | 1872 |
otherwise, own undivided interests in a unit, each
person may | 1873 |
exercise the proportion of the voting power of all
of the owners | 1874 |
of
histhe unit that is equivalent to
histhe
person's | 1875 |
proportionate
undivided interest in the
unit. | 1876 |
(C) A fiduciary for a unit owner or of the estate of a
unit | 1877 |
owner may vote as though
hethe fiduciary were the unit
owner when | 1878 |
hethe fiduciary has
furnished to the unit owners association | 1879 |
proof, satisfactory to
it, of
histhe fiduciary's appointment and | 1880 |
qualification
as: an
executor under
the last will of a deceased | 1881 |
unit owner;, an administrator of the
estate of a deceased unit | 1882 |
owner;, a guardian, committee, or
conservator of the estate of a | 1883 |
wardminor or incompetent who is
a unit
owner;, a trustee in | 1884 |
bankruptcy of a unit owner;,
a statutory or
judicial receiver or | 1885 |
liquidator of the estate or affairs of a
unit owner;, or an | 1886 |
assignee for the benefit of creditors of a
unit
owner. | 1887 |
(B) Any interested person,including a unit
owners | 1899 |
association, may commence an
action for a declaratory
judgment to | 1900 |
determine
histhat person's
legal
relations under the
condominium | 1901 |
instruments or to obtain an
injunction against a
declarant, | 1902 |
developer, agent, unit owner, or
person entitled to
occupy a unit | 1903 |
who refuses to comply, or
threatens to refuse to
comply, with a | 1904 |
provision of the
condominium
instruments.
One | 1905 |
(C) In
connection with either type of action described
in | 1906 |
this section,
one or more unit owners may bring a class action on | 1907 |
behalf of all
unit owners. The lawful provisions of the | 1908 |
condominium instruments
may, if necessary to carry out their | 1909 |
purposes,
may be enforced
in
either type of action against the | 1910 |
condominium property or any
person who owns or
has previously
has | 1911 |
owned any
estate or
interest
in the
condominium property. | 1912 |
(A)
Any(1)Except as provided in division
(A)(2) of this | 1947 |
section, any deposit or down payment
made in connection with
the | 1948 |
sale
willof a condominium ownership interest shall
be held in | 1949 |
trust or
escrow until delivered
at
settlement
or,
returned to or | 1950 |
otherwise credited to
the
purchaser,
or forfeited to the | 1951 |
developer, and that if.If a
deposit or
down
payment of
more than | 1952 |
two thousand dollars
or more
is held for
more than
ninety days
and | 1953 |
is not withdrawn pursuant to division (A)(2) of this section, | 1954 |
interest at
thea rate
of at
least four per
cent per
annumequal | 1955 |
to the prevailing rate payable by federally
insured financial | 1956 |
institutions in the county of the condominium
property on daily | 1957 |
interest accounts for any period exceeding
ninety
days
shall be | 1958 |
credited to
the purchaser at settlement or
upon
return or
other | 1959 |
credit made
to the purchaser, or
added to
any
forfeiture
to the | 1960 |
developer;.Interest is
payable
only
on the
amount of the deposit | 1961 |
or down payment that
exceeds two
thousand
dollars. | 1962 |
(2)(a) If a contract for the sale of a
condominium ownership | 1963 |
interest contains the legend described in
division
(A)(2)(b) of | 1964 |
this section,
a
developer may, in accordance with the contractual | 1965 |
provisions, withdraw a deposit or down payment
from trust or | 1966 |
escrow upon the commencement
of construction of the structure of | 1967 |
the condominium
property in
which the purchaser's unit will be | 1968 |
located and use the moneys
in the actual construction and | 1969 |
development of the
condominium property. The developer shall not | 1970 |
use the moneys for
advertising purposes or for the salaries, | 1971 |
commissions, or expenses
of agents. | 1972 |
(b) A contract that permits
withdrawals of a deposit or
down | 1973 |
payment for the
purposes described in division
(A)(2)(a) of this | 1974 |
section shall
include the following legend conspicuously printed | 1975 |
or stamped in boldface type on the contract's first page and | 1976 |
immediately above the signature of the purchaser:
"Purchaser | 1977 |
acknowledges that, pursuant to this
contract, the developer may | 1978 |
withdraw and then
use for construction and development of the | 1979 |
condominium property any deposit or down payment that the | 1980 |
purchaser makes prior to closing." | 1981 |
(1) In a leasehold condominium development,
hethe
developer | 1993 |
or
agent may retain the same
interest in the common
areas and | 1994 |
facilitieselements as
hethe developer or
agent retains
in the | 1995 |
entire condominium development
and except that he may
retain a | 1996 |
property interest in
recreational facilities
furnished to
unit | 1997 |
owners or to unit owners
and others under a
contract entered
into | 1998 |
or renewed by the unit
owners association
after unit owners
other | 1999 |
than the developer have
assumed control of
the association
and | 2000 |
except that in. | 2001 |
(a) A minimum,of a two-year
warranty
covering the full cost | 2039 |
of labor and materials for any
repair or
replacement of roof and | 2040 |
structural components, and
mechanical,
electrical, plumbing, and | 2041 |
common service elements
serving the
condominium property or | 2042 |
additional property as a
whole,
occasioned or necessitated by a | 2043 |
defect in material or
workmanship
and a; | 2044 |
(4)
In the case ofThe valid assignment by the developer of | 2073 |
the express and implied warranty of the manufacturer satisfies the | 2074 |
developer's obligation under this section with respect to ranges, | 2075 |
refrigerators, washing
machines, clothes dryers, hot water | 2076 |
heaters, and other similar
appliances installed and furnished as | 2077 |
part of the unit by the
developer, the valid assignment by the | 2078 |
developer of the express
and implied warranty of the manufacturer | 2079 |
satisfies the
developer's
obligation under this division with | 2080 |
respect
to
such
appliances, and the. The developer's warranty | 2081 |
under
this
division
(E)(1)of this section is
limited to the | 2082 |
installation of
the appliances. | 2083 |
(F) The developer
willshall assume the rights and | 2090 |
obligations
of a unit owner in
histhe developer's capacity as | 2091 |
owner of
condominium ownership
interests not yet sold, including, | 2092 |
without limitation, the
obligation to pay
common expenses | 2093 |
attaching to
suchthose
interests,
from the date
the declaration | 2094 |
is filed for record
even if the construction of
the units and the | 2095 |
appurtenant common elements subject to the
condominium ownership | 2096 |
interests has not started or is not complete. | 2097 |
(G) In
the case of a conversion condominium development,
all | 2098 |
tenants were offeredthe developer shall offer each tenant an | 2099 |
option,
exercisable
within not less
than ninety days after notice, | 2100 |
to
purchase a
condominium
ownership interest in the development, | 2101 |
and
such tenants
were giventhat
the tenant
occupies and at a | 2102 |
price that is not greater than the
price at which the unit will be | 2103 |
offered to the general public for
the subsequent one hundred | 2104 |
eighty-day period. The developer shall give each tenant
written | 2105 |
notice of not less than one
hundred twenty days
prior to
being | 2106 |
required to vacate the premises
to facilitate the
conversion
or | 2107 |
intended
conversion, during which time the tenant
may not be | 2108 |
evicted to
accommodate or facilitate the sale of any
unit if the | 2109 |
tenant is not in default under the tenant's terms of
tenancy.
The | 2110 |
ninety-day and one hundred twenty-day notice
periods
may run | 2111 |
concurrently and may be waived in writing by a tenant. If
two or | 2112 |
more
tenants occupy a
unit
in a conversion condominium | 2113 |
development,
the option to
purchase shall be
given jointly to | 2114 |
those tenants. | 2115 |
Sec. 5311.26. NoExcept as provided in section 5311.24 of | 2125 |
the Revised Code, no developer or agent, directly or
indirectly, | 2126 |
shall sell or offer to sell a condominium ownership
interest in a | 2127 |
residential or water slip
condominium development unless
hethe | 2128 |
developer or
agent provides the prospective purchaser a | 2129 |
condominium development disclosure statement that discloses
fully | 2130 |
and accurately
to each
prospective purchaser of the interest
all | 2131 |
material circumstances
or features affecting the development,
by | 2132 |
preparing and providing
to each prospective purchaserin a | 2133 |
readable
and understandable
written statement
of
such | 2134 |
circumstances
or
features. The
statement shall not intentionally | 2135 |
omit any
material fact or
contain any untrue statement of a | 2136 |
material fact
and shall contain
all of the following: | 2137 |
(F) A two-year projection, revised and updated
at least
every | 2170 |
six monthswithin the past year if changed, unless the
developer | 2171 |
no
longer controls the association, of annual
expenditures | 2172 |
necessary
to operate and
maintain the common
areas
and facilities | 2173 |
elements
of the condominium
development,and the
cost of any | 2174 |
mandatory dues and
membership in a not-for-profit
organization | 2175 |
described
in division (B)(9) of section 5311.05 of
the Revised | 2176 |
Code. The projection shall be
prepared by the
developer
and, | 2177 |
specifically
statingstate the assumptions
and
bases of the | 2178 |
projection, and
include a complete
statement of
the
estimated | 2179 |
monthly cost per unit for
suchthe two-year
period,
including
all | 2180 |
of the following: | 2181 |
(G)
In the case ofFor a conversion condominium development, | 2191 |
the
offering price
of each unsold unit or type of unsold unit and | 2192 |
a
report by the developer stating the
age,
the condition, and the | 2193 |
developer's opinion of the remaining
useful
life of structural | 2194 |
elements and mechanical and supporting
systems,
together with the | 2195 |
developer's estimate of repair and
replacement
costs projected
for | 2196 |
five years from the date the
property is
submitted to the | 2197 |
provisions of this chapter; the.The
report
shall be
based on | 2198 |
facts
reasonably ascertainable by the
developer
through inspection | 2199 |
of
relevant drawings and records and,
to the
extent permitted by | 2200 |
the
physical limits of the site, by
personal
inspection of the | 2201 |
elements and systems; any.Any limits
on the
inspection
shall be | 2202 |
stated in the report;. | 2203 |
(I) A facsimile of any management contract or other
agreement | 2216 |
affecting the operation, use, or maintenance of or
access to all | 2217 |
or any part of the condominium development, with a
brief narrative | 2218 |
statement of the effect of each agreement upon a
purchaser, | 2219 |
including a specification of the services to be
rendered and the | 2220 |
charges to be made
thereunderunder it, and a
statement
of the | 2221 |
relationship, if any, between the developer and
the
managing | 2222 |
agent; | 2223 |
Sec. 5311.27. (A)(1) In addition to any other remedy | 2241 |
available, a contract or agreement for the sale of a condominium | 2242 |
ownership interest that is executed in violation of section | 2243 |
5311.25 or 5311.26 of the Revised Code shall be voidable by the | 2244 |
purchaser
for a perioduntil the later of fifteen days after the | 2245 |
date
ofcontract is
entered into for sale of
the
condominium | 2246 |
ownership interest or
fifteen days
after
the date
upon
which the | 2247 |
purchaser executes a
document
evidencing receipt
of the | 2248 |
information required by section
5311.26
of the Revised
Code, | 2249 |
whichever occurs later.
Uponexcept that in no case is the | 2250 |
contract or agreement voidable after the title to the condominium | 2251 |
ownership interest is conveyed to the purchaser. | 2252 |
(2)(a) On motion of the attorney general and without bond,
in | 2295 |
an
attorney general's action under this
section, the court may | 2296 |
make
appropriate orders, including,but not
limited to, orders for | 2297 |
appointment of a master or a
receiver, for
sequestration of | 2298 |
assets, to reimburse persons found
to have been
damaged, or to | 2299 |
grant other appropriate relief. The
court may
assess the expenses | 2300 |
of a master or receiver against the
developer. | 2301 |
(d) If a court determines that provision has been made for | 2310 |
reimbursement or other appropriate corrective action, insofar as | 2311 |
practicable, with respect to all persons damaged by a violation, | 2312 |
or in any other appropriate case, the attorney general, with
court | 2313 |
approval, may terminate enforcement proceedings brought by
himthe | 2314 |
attorney general upon acceptance of an assurance from
the | 2315 |
developer of
voluntary compliance with sections 5311.25 and | 2316 |
5311.26 of the
Revised Code or with
the condominium instruments, | 2317 |
with respect to the
alleged violation. The assurance shall be | 2318 |
filed with the court
and entered as a consent judgment. A consent | 2319 |
judgment is not
evidence of prior violation of
suchthose | 2320 |
sections. Disregard
of the
terms of a consent judgment entered | 2321 |
upon an assurance shall be
treated as a violation of an injunction | 2322 |
issued under this
section. | 2323 |
Sec. 5721.35. (A) Upon the sale and delivery of a tax | 2331 |
certificate, suchthe tax certificate vests in the
certificate | 2332 |
holder
the first lien previously held by the state and its taxing | 2333 |
districts under section 5721.10 of the Revised Code for the amount | 2334 |
of taxes,
assessments,
interest,
and penalty charged against a | 2335 |
certificate parcel,
superior to all other liens
and encumbrances | 2336 |
upon the parcel described in the tax certificate, in the
amount of | 2337 |
the certificate redemption price, except
liens for delinquent | 2338 |
taxes, assessments, penalties, interest, charges,
and costs that | 2339 |
attached to the certificate parcel prior to the attachment of
the | 2340 |
lien being conveyed by the sale of such tax certificate. With | 2341 |
respect to
the priority as among such first liens of the state and | 2342 |
its taxing districts
for different years, the priority shall be | 2343 |
determined by the date such first
liens of the state and its | 2344 |
taxing districts attached pursuant to section
323.11 of the | 2345 |
Revised Code, with first priority to the earliest attached lien | 2346 |
and each
immediately subsequent priority based upon the next | 2347 |
earliest attached lien. | 2348 |
(B)(1) A certificate holder may record the tax certificate
or | 2349 |
memorandum thereof in the office of the county recorder of the | 2350 |
county in which
the certificate parcel is situated, as a mortgage | 2351 |
of land under division
(B)(A)(2) of section 317.08 of the Revised | 2352 |
Code.. The county recorder shall
index
the
certificate in the | 2353 |
indexes provided for under section 317.18 of the Revised
Code. If | 2354 |
the
lien is subsequently canceled, the cancellation also shall be | 2355 |
recorded by the
county recorder. | 2356 |
Section 2. That existing sections 317.08, 317.09, 5301.01, | 2368 |
5301.25, 5301.255, 5311.03, 5311.04, 5311.05,
5311.051,
5311.052, | 2369 |
5311.06, 5311.07, 5311.08, 5311.09, 5311.10, 5311.11,
5311.12, | 2370 |
5311.13,
5311.14, 5311.16, 5311.17, 5311.18, 5311.19,
5311.20, | 2371 |
5311.21,
5311.22,
5311.23, 5311.24, 5311.25, 5311.26,
5311.27, and | 2372 |
5721.35
and sections
Sec. 5311.01. , Sec. 5311.15. , and Sec. 5311.241.
of
the
Revised | 2373 |
Code are
hereby
repealed. | 2374 |