As Reported by the House Civil and Commercial Law Committee

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 135


Representatives Willamowski, Seitz, Latta, Beatty, Book, Harwood, Schlichter, Mason 



A BILL
To amend sections 317.08, 317.09, 5301.01, 5301.25,1
5301.255, 5311.03, 5311.04, 5311.05, 5311.051, 2
5311.052, 5311.06, 5311.07, 5311.08, 5311.09,3
5311.10, 5311.11, 5311.12, 5311.13, 5311.14, 4
5311.16, 5311.17, 5311.18, 5311.19, 5311.20,5
5311.21, 5311.22, 5311.23, 5311.24, 5311.25,6
5311.26, 5311.27, and 5721.35, to enact new7
section 5311.01 and sections 5311.031, 5311.032,8
5311.033, 5311.041, 5311.081, and 5311.091, and to9
repeal sections 5311.01, 5311.15, and 5311.241 of10
the Revised Code to revise the Ohio Condominium 11
Law.12


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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 5721.3517
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 the19
Revised Code be enacted to read as follows:20

       Sec. 317.08. (A) Except as provided in division (F)divisions21
(C) and (D) of this section, the county recorder shall keep six22
separate sets of records as follows:23

       (A)(1) A record of deeds, in which shall be recorded all24
deeds and other instruments of writing for the absolute and25
unconditional sale or conveyance of lands, tenements, and26
hereditaments; all notices as provided for in sections 5301.47 to27
5301.56 of the Revised Code; all judgments or decrees in actions28
brought under section 5303.01 of the Revised Code; all29
declarations and bylaws, and all amendments to declarations and30
bylaws, as provided for in Chapter 5311. of the Revised Code;31
affidavits as provided for in section 5301.252 of the Revised32
Code; all certificates as provided for in section 5311.17 of the33
Revised Code; all articles dedicating archaeological preserves34
accepted by the director of the Ohio historical society under35
section 149.52 of the Revised Code; all articles dedicating nature36
preserves accepted by the director of natural resources under37
section 1517.05 of the Revised Code; all agreements for the38
registration of lands as archaeological or historic landmarks39
under section 149.51 or 149.55 of the Revised Code; all40
conveyances of conservation easements and agricultural easements41
under section 5301.68 of the Revised Code; all instruments42
extinguishing agricultural easements under section 901.21 or43
5301.691 of the Revised Code or pursuant to terms of such an44
easement granted to a charitable organization under section45
5301.68 of the Revised Code; all instruments or orders described46
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 or48
3746.11 of the Revised Code; all covenants not to sue issued under49
section 3746.12 of the Revised Code, including all covenants not50
to sue issued pursuant to section 122.654 of the Revised Code; any51
restrictions on the use of property contained in a no further52
action letter issued under section 122.654 of the Revised Code and53
any restrictions on the use of property identified pursuant to54
division (C)(3) of section 3746.10 of the Revised Code; all55
memoranda of trust, as described in division (A) of section56
5301.255 of the Revised Code, that describe specific real57
property; and all agreements entered into under division (A) of58
section 1521.26 of the Revised Code;59

       (B)(2) A record of mortgages, in which shall be recorded all60
of the following:61

       (1)(a) All mortgages, including amendments, supplements,62
modifications, and extensions of mortgages, or other instruments63
of writing by which lands, tenements, or hereditaments are or may64
be mortgaged or otherwise conditionally sold, conveyed, affected,65
or encumbered;66

       (2)(b) All executory installment contracts for the sale of67
land executed after September 29, 1961, that by their terms are68
not required to be fully performed by one or more of the parties69
to them within one year of the date of the contracts;70

       (3)(c) All options to purchase real estate, including71
supplements, modifications, and amendments of the options, but no72
option of that nature shall be recorded if it does not state a73
specific day and year of expiration of its validity;74

       (4)(d) Any tax certificate sold under section 5721.33 of the75
Revised Code, or memorandum thereofof it, that is presented for76
filing of record.77

       (C)(3) A record of powers of attorney, including all78
memoranda of trust, as described in division (A) of section79
5301.255 of the Revised Code, that do not describe specific real80
property;81

       (D)(4) A record of plats, in which shall be recorded all82
plats and maps of town lots, of the subdivision of town lots, and83
of other divisions or surveys of lands, any center line survey of84
a highway located within the county, the plat of which shall be85
furnished by the director of transportation or county engineer,86
and all drawings and amendments to drawings, as provided for in87
Chapter 5311. of the Revised Code;88

       (E)(5) A record of leases, in which shall be recorded all89
leases, memoranda of leases, and supplements, modifications, and90
amendments of leases and memoranda of leases;91

       (F)(6) A record of declarations executed pursuant to section92
2133.02 of the Revised Code and durable powers of attorney for93
health care executed pursuant to section 1337.12 of the Revised94
Code.95

       (B) All instruments or memoranda of instruments entitled to96
record shall be recorded in the proper record in the order in97
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 liens105
provided for in sections 1513.33, 1513.37, 3752.13, 5111.021, and106
5311.18 of the Revised Code.107

       The recording of an option to purchase real estate, including108
any supplement, modification, and amendment of the option, under109
this section shall serve as notice to any purchaser of an interest110
in the real estate covered by the option only during the period of111
the validity of the option as stated in the option.112

       (G)(C) In lieu of keeping the six separate sets of records113
required in divisions (A)(1) to (F)(6) of this section and the114
records required in division (H)(D) of this section, a county115
recorder may record all the instruments required to be recorded by116
this section in two separate sets of record books. One set shall117
be called the "official records" and shall contain the instruments118
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 shall120
contain the instruments listed in division (D)(A)(4) of this121
section.122

       (H)(D) Except as provided in division (G)(C) of this section, 123
the county recorder shall keep a separate set of records124
containing all corrupt activity lien notices filed with the125
recorder pursuant to section 2923.36 of the Revised Code and a126
separate set of records containing all medicaid fraud lien notices127
filed with the recorder pursuant to section 2933.75 of the Revised128
Code.129

       Sec. 317.09.  (A) Notices of liens for internal revenue130
taxes, of liens arising under section 107 of the "Comprehensive131
Environmental Response, Compensation, and Liability Act of 1980,"132
94 Stat. 2781, 42 U.S.C.A. 9607, as amended, and of any other lien133
in favor of the United States, as provided in the statutes of the134
United States or in any regulation adopted under those statutes,135
certificates discharging the liens, and certificates of release of136
the liens shall be filed for record, by mail or otherwise, in the137
office of the county recorder of the county in which the property138
subject to the lien is situated. If a duplicate copy of a notice139
of a lien or a certificate of discharge or release of a lien is140
provided, the recorder shall endorse on the copy the date and hour141
that the notice or certificate was received for filing and142
recording, and shall return the copy, by mail or otherwise, to the143
district director of the internal revenue service of the Ohio144
district from which the notice or certificate originated, the145
regional administrator of the region of the United States146
environmental protection agency from which the notice or147
certificate originated, or the other official of the United States148
who originated the notice or certificate, whichever is applicable.149

       Except as provided in division (B) of this section, when a150
notice of a lien in favor of the United States is filed, the151
recorder shall enter it in a book known as the "federal tax and152
other federal lien index," in alphabetical order, showing on one153
line the name and residence of the person named in the notice, the154
serial number or other identifying number of the notice, and the155
total amount of the lien. The recorder shall file and keep all156
original notices of liens in numerical order. When a certificate157
of discharge or release of any lien in favor of the United States158
is issued by the proper official of the United States, or histhe159
official's delegate, and is filed for record in the office of the160
recorder in which the original notice of the lien is filed, the161
recorder shall enter the certificate with the date of filing in162
the federal tax and other federal lien index on the line on which163
the notice of the lien so discharged or released is entered and164
permanently attach the original certificate of discharge or165
release to the original notice of the lien.166

       (B) If a county recorder records all instruments in two sets167
of record books pursuant to division (F)(C) of section 317.08 of168
the Revised Code, notices of liens in favor of the United States169
and certificates discharging or releasing those liens that are170
filed with the recorder shall be recorded in the "official171
records" set of books.172

       (C) The county recorder shall receive a fee of five dollars173
for filing and indexing each notice of a lien filed pursuant to174
this section and shall receive a fee of three dollars for filing175
and indexing a certificate of discharge or release of the lien.176
The fees provided for in this division shall be collected at the177
time that the notice or certificate is presented in the office of178
the recorder.179

       Sec. 5301.01. (A) A deed, mortgage, land contract as referred180
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 of182
trust as described in division (A) of section 5301.255 of the183
Revised Code shall be signed by the grantor, mortgagor, vendor, or184
lessor in the case of a deed, mortgage, land contract, or lease or185
shall be signed by the settlor and trustee in the case of a186
memorandum of trust. The signing shall be acknowledged by the187
grantor, mortgagor, vendor, or lessor, or by the settlor and188
trustee, before a judge or clerk of a court of record in this189
state, or a county auditor, county engineer, notary public, or190
mayor, who shall certify the acknowledgement and subscribe the191
official's name to the certificate of the acknowledgement.192

       (B)(1) If a deed, mortgage, land contract as referred to in193
division (B)(A)(2)(b) of section 317.08 of the Revised Code, lease194
of any interest in real property, or a memorandum of trust as195
described in division (A) of section 5301.255 of the Revised Code196
was executed prior to the effective date of this amendment197
February 1, 2002, and was not acknowledged in the presence of, or198
was not attested by, two witnesses as required by this section199
prior to that effective date, both of the following apply:200

       (a) The instrument is deemed properly executed and is201
presumed to be valid unless the signature of the grantor,202
mortgagor, vendor, or lessor in the case of a deed, mortgage, land203
contract, or lease or of the settlor and trustee in the case of a204
memorandum of trust was obtained by fraud.205

       (b) The recording of the instrument in the office of the206
county recorder of the county in which the subject property is207
situated is constructive notice of the instrument to all persons,208
including without limitation, a subsequent purchaser in good faith209
or any other subsequent holder of an interest in the property,210
regardless of whether the instrument was recorded prior to, on, or211
after the effective date of this amendmentFebruary 1, 2002.212

       (2) Division (B)(1) of this section does not affect any213
accrued substantive rights or vested rights that came into214
existence prior to the effective date of this amendmentFebruary215
1, 2002.216

       Sec. 5301.25.  (A) All deeds, land contracts referred to in217
division (B)(A)(2)(b) of section 317.08 of the Revised Code, and218
instruments of writing properly executed for the conveyance or219
encumbrance of lands, tenements, or hereditaments, other than as220
provided in division (C) of this section and section 5301.23 of221
the Revised Code, shall be recorded in the office of the county222
recorder of the county in which the premises are situated, and223
until. Until so recorded or filed for record, they are fraudulent,224
so farinsofar as relatesthey relate to a subsequent bona fide225
purchaser having, at the time of purchase, no knowledge of the226
existence of suchthat former deed or, land contract, or227
instrument.228

       (B) Whenever a survey is made of lands whichthat are being229
conveyed, the county auditor shall require that the name of the230
person who made the survey appear in the deed. SuchThe name shall231
either be printed, typewritten, stamped, or signed in a legible232
manner. An instrument is in compliance with this sectiondivision233
if it contains a statement in the following form:234

       "A survey of this property was made by ..............."235

(Name)             

       This division does not apply to any court decree, order,236
judgment, or writ, nor to any instrument executed or acknowledged237
outside of this state, or to any instrument executed within this238
state prior to September 20, 1965.239

       (C) All tax certificates sold pursuant to section 5721.32 or240
5721.33 of the Revised Code, or memoranda thereof, may be recorded241
in the office of the county recorder of the county in which the242
premises are situated, as provided in division (B) of section243
5721.35 of the Revised Code; provided, however, that the first and244
superior lien of the state and its taxing districts conveyed to245
the holder of the tax certificate, as provided in division (A) of246
section 5721.35 of the Revised Code, shall in no way be diminished247
or adversely affected if the tax certificate evidencing the248
conveyance of such first and superior lien, or memorandum thereof,249
is not recorded as provided in this section.250

       Sec. 5301.255.  (A) A memorandum of trust that satisfies both 251
of the following may be presented for recordation in the office of 252
the county recorder of any county in which real property that is 253
subject to the trust is located:254

       (1) The memorandum shall be executed by the settlor and255
trustee of the trust and acknowledged by the settlor and trustee256
of the trust in accordance with section 5301.01 of the Revised257
Code.258

       (2) The memorandum shall state all of the following:259

       (a) The names and addresses of the settlor and trustee of the 260
trust;261

       (b) The date of execution of the trust;262

       (c) The powers specified in the trust relative to the263
acquisition, sale, or encumbering of real property by the trustee264
or the conveyance of real property by the trustee, and any265
restrictions upon those powers.266

       (B) A memorandum of trust that satisfies divisions (A)(1) and 267
(2) of this section also may set forth the substance or actual268
text of provisions of the trust that are not described in those269
divisions.270

       (C) A memorandum of trust that satisfies divisions (A)(1) and 271
(2) of this section shall constitute notice only of the272
information contained in it.273

       (D) Upon the presentation for recordation of a memorandum of274
trust that satisfies divisions (A)(1) and (2) of this section and275
the payment of the requisite fee prescribed in section 317.32 of276
the Revised Code, a county recorder shall record the memorandum of277
trust as follows:278

       (1) Unless division (D)(2) of this section applies, in the279
record of deeds described in division (A)(1) of section 317.08 of280
the Revised Code, if the memorandum of trust describes specific281
real property, or in the record of powers of attorney described in282
division (C)(A)(3) of that section, if the memorandum of trust283
does not describe specific real property;284

       (2) If the county recorder records instruments in accordance285
with division (F)(C) of section 317.08 of the Revised Code, in the286
official records described in that division.287

       Sec. 5311.01. As used in this chapter, except as otherwise288
provided:289

       (A) "Agent" means any person who represents a developer or290
who acts for or on behalf of a developer in selling or offering to 291
sell any ownership interest in a condominium development. "Agent" 292
does not include an attorney whose representation of a developer293
consists solely of rendering legal services.294

       (B) "Additional property" means land, including surface and295
air rights, or improvements to land that are described in an296
original declaration and that may be added in the future to an297
expandable condominium property.298

       (C) "Affiliate of a developer" means any person who controls299
a developer or is controlled by a developer. For the purposes of 300
this division:301

       (1) A person "controls" a developer if any of the following302
applies:303

       (a) The person is a general partner, officer, member,304
manager, director, or employer of the developer.305

       (b) The person owns, controls, holds with power to vote, or306
holds proxies representing more than twenty per cent of the voting307
interest in the developer, doing so either directly or indirectly,308
acting in concert with one or more other persons, or through one309
or more subsidiaries.310

       (c) The person controls, in any manner, the election of a311
majority of the developer's directors.312

       (d) The person has contributed more than twenty per cent of313
the developer's capital.314

       (2) A person "is controlled by" a developer if any of the315
following applies:316

       (a) The developer is a general partner, member, manager,317
officer, director, or employer of the person.318

       (b) The developer owns, controls, holds with power to vote,319
or holds proxies representing more than twenty per cent of the320
voting interest in the person, doing so either directly or321
indirectly, acting in concert with one or more other persons, or322
through one or more subsidiaries.323

       (c) The developer controls, in any manner, the election of a324
majority of the person's directors.325

       (d) The developer has contributed more than twenty per cent326
of the person's capital.327

       (3) "Control" does not exist for purposes of division (C)(1) 328
or (2) of this section if a person or developer holds any power 329
described in either of those divisions solely as security for an330
obligation and that power is not exercised.331

       (D) "Body of water" means a stream, lake, pond, marsh, river,332
or other body of natural or artificial surface water.333

       (E) "Common assessments" means assessments that are charged334
proportionately against all units for common purposes.335

       (F) "Common elements" means, unless otherwise provided in the336
declaration, the following parts of the condominium property:337

       (1) The land described in the declaration;338

       (2) All other areas, facilities, places, and structures that339
are not part of a unit, including, but not limited to, the340
following:341

       (a) Foundations, columns, girders, beams, supports,342
supporting walls, roofs, halls, corridors, lobbies, stairs,343
stairways, fire escapes, entrances, and exits of buildings;344

       (b) Basements, yards, gardens, parking areas, garages, and 345
storage spaces;346

       (c) Premises for the lodging of janitors or persons in charge 347
of the property;348

       (d) Installations of central services, including, but not349
limited to, power, light, gas, hot and cold water, heating,350
refrigeration, air conditioning, and incinerating;351

       (e) Elevators, tanks, pumps, motors, fans, compressors,352
ducts, and, in general, all apparatus and installations existing353
for common use;354

       (f) Community and commercial facilities that are not listed355
in division (F)(2)(a), (b), (c), (d), or (e) of this section but356
provided for in the declaration;357

       (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 section359
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

       (G) "Common expenses" means expenses designated as common363
expenses in this chapter or in the declaration.364

       (H) "Common losses" means the amount by which the common365
expenses during any period of time exceeds the common assessments366
and common profits during that period.367

       (I) "Common profits" means the amount by which the total368
income received from any of the following exceeds expenses369
allocable to the particular income, rental, fee, or charge:370

       (1) Assessments charged for special benefits to specific371
units;372

       (2) Rents received from the rental of equipment or space in373
common elements;374

       (3) Any other fee, charge, or income other than common375
assessments.376

       (J) "Common surplus" means the amount by which common377
assessments collected during any period exceed common expenses.378

       (K) "Condominium" means a form of real property ownership in379
which a declaration has been filed submitting the property to the 380
condominium form of ownership pursuant to this chapter and under 381
which each owner has an individual ownership interest in a unit 382
with the right to exclusive possession of that unit and an 383
undivided ownership interest with the other unit owners in the 384
common elements of the condominium property.385

       (L) "Condominium development" means a condominium property in386
which two or more individual residential or water slip units,387
together with their undivided interests in the common elements of388
the property, are offered for sale pursuant to a common389
promotional plan.390

       (M) "Condominium instruments" means the declaration and391
accompanying drawings and plans, the bylaws of the unit owners392
association, the condominium development disclosure statement393
described in section 5311.26 of the Revised Code, any contracts394
pertaining to the management of the condominium property, and any395
other documents, contracts, or instruments establishing ownership396
of or exerting control over a condominium property or unit.397

       (N) "Condominium ownership interest" means a fee simple398
estate or a ninety-nine-year leasehold estate, renewable forever,399
in a unit, together with an appurtenant undivided interest in the400
common elements.401

       (O) "Condominium property" means all real and personal402
property submitted to the provisions of this chapter, including403
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

       (P) "Conversion condominium development" means a condominium409
development that was operated as a rental property and occupied by410
tenants immediately prior to the submission of the property to the411
provisions of this chapter.412

       (Q) "Convertible unit" means a unit that may be converted413
into one or more units and common elements, including limited414
common elements.415

       (R) "Declaration" means the instrument by which property is416
submitted to the provisions of this chapter. "Declaration" 417
includes all amendments to that declaration.418

       (S) "Developer" means any person who directly or indirectly419
sells or offers for sale condominium ownership interests in a420
condominium development. "Developer" includes the declarant of a421
condominium development and any successor to that declarant who422
stands in the same relation to the condominium development as the423
declarant.424

       (T) "Exclusive use area" means common elements that the425
declaration reserves for delegation by the board of directors to426
the use of a certain unit or units, to the exclusion of other427
units.428

       (U) "Expandable condominium property" means a condominium429
property in which the original declaration reserves the right to430
add additional property.431

       (V) "Leasehold condominium development" means a condominium432
development in which each unit owner owns a ninety-nine-year433
leasehold estate, renewable forever, in the owner's unit, in the434
land upon which that unit is situated, or in both, together with435
an undivided leasehold interest in the common elements, with all436
leasehold interests due to expire at the same time.437

       (W) "Limited common elements" means the common elements that438
the declaration designates as being reserved for use by a certain439
unit or units, to the exclusion of the other units.440

       (X) "Offer" includes any inducement or solicitation to441
encourage a person to acquire a condominium ownership interest in442
a condominium development.443

       (Y) "Par value" means a number, expressed in dollars, points,444
or as a percentage or fraction, attached to a unit by the445
declaration.446

       (Z) "Purchaser" means a person who purchases a condominium447
ownership interest for consideration pursuant to an agreement for448
the conveyance or transfer of that interest for consideration.449

       (AA) "Sale of a condominium ownership interest" means the450
execution by both parties of an agreement for the conveyance or451
transfer for consideration of a condominium ownership interest. 452
"Sale of a condominium ownership interest" does not include a453
transfer of one or more units from the developer to another454
developer, a subsidiary of the developer, or a financial455
institution for the purpose of facilitating the sale or456
development of the remaining or unsold portion of the condominium457
property or additional property.458

       (BB) "Unit" means the part of the condominium property that459
is designated as a unit in the declaration, is delineated as a460
unit on the drawings prepared pursuant to section 5311.07 of the461
Revised Code, and is one of the following:462

       (1) A residential unit, in which the designated part of the463
condominium property is devoted in whole or in part to use as a464
residential dwelling consisting of one or more rooms on one or465
more floors of a building. A "residential unit" may include466
exterior portions of the building, spaces in a carport, and467
parking spaces as described and designated in the declaration and468
drawings.469

       (2) A water slip unit, which consists of the land that is470
under the water in a water slip and the land that is under the471
piers or wharves that form the water slip, and that is used for472
the mooring of watercraft.473

       (3) A commercial unit in which the property is designated for 474
separate ownership or occupancy solely for commercial purposes, 475
industrial purposes, or other nonresidential or nonwater slip use.476

       (CC) "Unit owner" means a person who owns a condominium477
ownership interest in a unit.478

       (DD) "Unit owners association" means the organization that479
administers the condominium property and that consists of all the480
owners of units in a condominium property.481

       (EE) "Watercraft" has the same meaning as in division (A) of482
section 1547.01 of the Revised Code.483

       (FF) "Water slip" means a channel of water between piers or484
wharves.485

       Sec. 5311.03.  (A) Each unit of a condominium property,486
together with the undivided interest in the common areas and487
facilitieselements appurtenant to it, is real property for all488
purposes and is real estate within the meaning of all provisions489
of the Revised Code.490

       (B) EachA unit owner is entitled to the exclusive ownership491
and possession of histhe unit and to ownership of an undivided492
interest in the common areas and facilities in the percentage that493
iselements as expressed in the declaration.494

       (C)(1) Each unit that is not a water slipresidential and495
commercial unit shall have a direct exit to a public street or496
highway or, to a common area and facilityelement leading to a497
public street or highway, except that units in an expandable498
condominium property may have a direct exitor to a permanent499
easement leading to a public street or highway across additional500
property identified in the declaration.501

       (2) Each water slip unit shall have a direct exit to a body502
of water, or to a common area and facilityelement leading to a503
body of water, or to a permanent easement leading to a body of504
water. Each water slip unit also shall also have a direct exit to505
a public street or highway or to a common area and facility506
element leading to a public street or highway.507

       (D) Unless otherwise provided in the declaration or drawings, 508
the:509

       (1) The boundaries of a unit that is not a water slip unit510
residential and commercial units are the interior surfaces of its511
the perimeter walls, floors, and ceilings. Windows512

       (2) Windows and doors, sashes, thresholds, frames, jambs, and 513
hardware in the perimeter walls, floors, or ceilings of athe unit 514
are part of the unit. Supporting515

       (3) Supporting walls, fixtures, and other parts of the516
building that are within the boundaries of athe unit but which517
that are necessary for the existence, support, maintenance,518
safety, or comfort of any other part of the condominium property519
are not part of the unit.520

       (E)(1) Ownership of a unit that is not a water slip521
residential unit includes the right to exclusive possession, use,522
and enjoyment of the interior surfaces of all itsthe perimeter523
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 otherwise526
finish, refinish, or decorate the unit.527

       (2) Ownership of a water slip unit includes the exclusive528
right to moor a watercraft in the portion of water above the water529
slip unit and the right to exclusive possession, use, and530
enjoyment of the piers or wharves that are a partwithin the531
boundaries of the water slip unit.532

       (3) Ownership of a commercial unit includes the right to533
exclusive possession, use, and enjoyment of the unit within the534
unit's boundaries.535

       (F) Each unit shall beis subject to the right of access for536
the purpose of maintenance, repair, or service of any common area537
and facilityelement located within its boundaries or of any538
portion of the unit itself by persons authorized by the board of539
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 of542
managersdirectors for public safety or in order to prevent damage543
to or destruction of any other part of the condominium property.544

       (G) To the extent provided in a declaration and subject to545
conditions it imposes, a unit in a condominium property other than546
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 one548
or more other units. Such a division or combination shall require549
an amendment to the declaration accompanied by drawings showing550
all particulars of the division or combination, as provided in551
section 5311.07 of the Revised Code. The amendment shall specify552
the percentage interest in the common areas and facilities, the553
proportionate share of common surplus and common expenses, and the 554
voting power of the unit or units resulting from the division or555
combination, the total of which, in each case, shall equal the556
interest, share, and power of the former unit or units divided or557
combined.558

       Sec. 5311.031. (A) Except as otherwise provided in the559
declaration, the boundaries between adjoining units and560
appurtenant limited common elements may be relocated and the561
undivided interests in the common elements appurtenant to those562
units may be reallocated by an amendment to the declaration563
pursuant to the following procedures:564

       (1)(a) The owners of the adjoining units shall submit to the565
board of directors of the unit owners association a written566
application for the relocation and reallocation. The application567
shall be accompanied by the written consents of the holders of all568
liens on those units, except liens for real estate taxes and569
assessments not due and payable.570

       (b) In the application, the owners of the adjoining units may 571
request a specific reallocation of their undivided interests in572
the common elements allocated to the adjoining units.573

       (2) Unless the board of directors finds any requested574
reallocation of the undivided interests in the common elements to575
be unreasonable, within thirty days after the board receives the576
application, the association shall prepare, at the expense of the577
owners of the adjoining units, an amendment to the declaration578
that is executed by the owners of the affected units and that579
includes all of the following:580

       (a) Identification of the affected units;581

       (b) Words of conveyance between the owners of the units;582

       (c) A specification of the undivided interests in the common583
elements, the proportionate shares of common surplus and common584
expenses, and the voting powers of each unit resulting from the585
relocation and reallocation, the total of which shall equal the586
interests, shares, and powers of the former adjoining units.587

       (3) At the expense of the owners of the affected units, the 588
association shall record the amendment to the declaration together 589
with both of the following:590

       (a) Any drawing, plat, or plans necessary to show the altered 591
boundaries of the affected units;592

       (b) The dimensions and identifying number of each unit that 593
results from the relocation and reallocation.594

       (B) Existing liens automatically shall attach to each unit595
that results from the relocation and reallocation.596

       Sec. 5311.032. (A) Except as otherwise provided in the597
declaration, rights to the use of limited common elements may be598
reallocated between or among units by an amendment to the599
declaration pursuant to the following procedures:600

       (1) The owners of the affected units shall prepare and601
execute at their expense an amendment to the declaration that602
identifies the affected units and specifies the reallocated rights603
to the affected limited common elements.604

       (2) The owners of the affected units shall submit to the605
board of directors of the unit owners association the amendment,606
accompanied by the written consents of the owners of all affected607
units and the holders of all liens on those units except liens for 608
real estate taxes and assessments not due and payable.609

       (3) At the expense of the owners of the affected units, the610
unit owners association shall record the submitted amendment to611
the declaration.612

       (B)(1) If the declaration reserves any common element as an613
exclusive use area, the board of directors may delegate that614
common element to the use of a certain unit or units, to the615
exclusion of other units. The delegation of a common element may616
be subject to criteria that the unit owners association617
establishes, including the payment of an additional fee that is618
part of each benefited unit's common expenses and that is only to619
be used for the delegated common element.620

       (2) Nothing in division (B)(1) of this section affects a unit 621
owner's right to exclusive use of any common element that the622
declaration designates as a limited common element appurtenant to 623
the owner's unit.624

       Sec. 5311.033. (A)(1) Except as otherwise provided in the625
declaration, all or any portion of a convertible unit may be626
converted into one or more units or common elements, including627
limited common elements.628

       (2)(a) To cause the conversion, the owner shall prepare and629
execute an amendment to the declaration that describes the630
conversion and record the amendment together with the drawings631
described in division (E) of section 5311.07 of the Revised Code.632

       (b) The amendment shall specify the undivided interests in633
the common elements, proportionate shares of common surplus and634
common expenses, and the voting powers of each unit resulting from635
the conversion, the total of which shall equal the interest,636
share, and power of the unit that was converted. The amendment to637
the declaration shall assign an identifying number to each unit638
formed, allocate to each unit a portion of the undivided interest639
in the common elements appurtenant to the convertible unit,640
describe or delineate the limited common elements formed out of641
the convertible unit, and show or designate each unit to which642
those limited common elements are reserved.643

       (3) The conversion of a convertible unit pursuant to this644
section is deemed to occur at the time that all appropriate645
instruments are recorded in accordance with division (A)(2) of646
this section and division (E) of section 5311.07 of the Revised647
Code.648

       (B) A convertible unit that, in whole or in part, is not649
converted in accordance with this section shall be treated as a650
single unit until it is so converted.651

       Sec. 5311.04.  (A) The common areas and facilitieselements652
of a condominium property are owned by the unit owners as tenants653
in common, and the ownership shall remain undivided. No action for654
partition of any part of the common areas and facilitieselements655
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

       (B) The declaration shall set forth the undivided interest in 659
the common areas and facilitieselements appurtenant to each unit.660
For661

       (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. Except668

       (2) Except as provided in division (C)(D) of this section,669
the interest in the common areas and facilitieselements670
appurtenant to units in expandable condominium properties may be671
computed in any proportion or on any basis that is the same for672
units submitted by the declaration as originally filed and those673
submitted later by the addition of additional property and that674
uniformly reallocates undivided interests of units previously675
submitted when additional property is submitted. If676

       (C) If a par value is assigned to any unit, then a par value677
shall be assigned to every unit. Substantially identical units678
shall be assigned the same par value, but units located at679
substantially different heights above the ground, or having680
substantially different views, amenities, or other characteristics681
that might result in differences in fair market value may, but682
need not, be considered substantially identical. If par value is683
stated in terms of dollars, it need not reflect or relate in any684
way to the sale price or fair market value of any unit, and no685
opinion, appraisal, or market transaction at a different figure686
affects the par value of any unit.687

       (C) In the case of an expandable condominium property, the688

       (D) The declaration for an expandable condominium property689
shall not allocate interest in the common areas and facilities690
elements on the basis of par value, unless it,the declaration as691
originally filed, does either of the following:692

       (1) Requires that all units created on any additional693
property that is added to the condominium property be694
substantially identical to the units created on the condominium695
property previously submitted;696

       (2) Describes the types of units that may be created on any697
additional property and states the par value that will be assigned698
to every unit that is created or proposed to be created.699

       (D)(E) Except as provided in sectionsections 5311.031 to700
5311.033 and 5311.051 of the Revised Code, the percentage of701
undivided interest in the common areas and facilitieselements of702
each unit as expressed in the original declaration shall not be703
altered except by an amendment to the declaration unanimously704
approved by all unit owners affected. The undivided interest in705
the common areas and facilitieselements shall not be separated706
from the unit to which it appertains and shall beis deemed 707
conveyed or encumbered with the unit even though suchthat708
interest is not expressly mentioned or described in the deed,709
mortgage, lease, or other instrument of conveyance or encumbrance.710

       (E)(F) Each unit owner may use the common areas and711
facilitieselements in accordance with the purposes for which they712
are intended. No unit owner may hinder or encroach upon the lawful713
rights of the other unit owners in the common elements.714

       (F) All costs of administration, maintenance, repair, and715
replacement of the common areas and facilities shall be common716
expenses.717

       (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

       (H)(1) Subject to the bylaws and the declaration, the unit729
owners association may purchase, hold title to, and sell real730
property that is not declared to be part of the condominium731
property.732

       (2) Any transaction pursuant to division (H)(1) of this733
section that takes place prior to the date that the unit owners734
other than the developer assume control of the unit owners735
association requires the approval of the developer, the approval 736
of the unit owners other than the developer who exercise not less 737
than seventy-five per cent of the voting power of the unit owners738
association, and the authorization of the board of directors.739

        (3) Any transaction pursuant to division (H)(1) of this740
section that takes place after the unit owners assume control of741
the unit owners association requires the approval of the unit742
owners who exercise not less than seventy-five per cent of the743
voting power of the unit owners association and the authorization744
of the board of directors.745

       (4) Expenses incurred in connection with any transaction746
pursuant to division (H)(1) of this section are common expenses. 747

       Sec. 5311.041. (A) All costs of the administration,748
operation, maintenance, repair, and replacement of common elements749
are common expenses.750

       (B)(1) The declaration, either as filed and recorded by the751
declarant pursuant to section 5311.06 of the Revised Code or as752
amended by a vote of the unit owners exercising not less than753
ninety per cent of the voting power of the unit owners754
association, may provide that, regardless of undivided interests,755
the following common expenses shall be computed on an equal per756
unit basis:757

       (a) Expenses that arise out of the administration, operation,758
maintenance, repair, and replacement of security,759
telecommunications, rubbish removal, roads, entrances, recreation760
facilities, landscaping, and grounds care;761

       (b) Legal, accounting, and management expenses.762

       (2) Expenses not included in division (B)(1) of this section 763
shall be computed on the basis of the undivided interest in the 764
common elements allocated to each unit. 765

       Sec. 5311.05.  (A) A declaration submitting property to the766
provisions of this chapter shall be signed and acknowledged by the767
owner before a judge or clerk of a court of record, county768
auditor, county engineer, notary public, or mayor, or county court769
judge, who shall certify the acknowledgment and subscribe the770
certificate of acknowledgment.771

       (B) A declaration shall contain all of the following:772

       (1) A legal description of the land or, in the case offor a773
water slip condominium property, of the land and the land under774
the water area, thereby submitted to the provisions of this775
chapter;776

       (2) The name by whichof the condominium property shall be777
known, which shall include the word "condominium";778

       (3) The purpose or purposes of the condominium property and,779
the units and recreational and commercial facilities situated in780
the condominium property, and theany restrictions, if any, upon781
the use or uses of the condominium property;782

       (4) A general description of the building or buildings783
thereby submitted to the provisions of this chapter, stating the784
principal construction materials of which it is or they are785
constructed and the number of stories, basements, and units in the786
building or buildings, or. The declaration for a water slip787
property shall also contain a general description of each water788
slip and of the piers and wharves forming each water slip thereby789
submitted to the provisions of this chapter;790

       (5) The unit designation of each unit thereby submitted to791
the provisions of this chapter and a statement of its location,792
approximate area, number of rooms, and the immediate common area793
element or limited common areaelement to which it has access, and794
any other datainformation necessary for its proper795
identification;796

       (6) A description of the common area and facilitieselements797
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 elements801
appurtenant to each unit, the basis upon which those appurtenant802
percentages of interestundivided interests are allocated, and the803
procedures whereby the percentagesundivided interests804
appertaining to each unit may be altered, which percentages,. The805
undivided interests, basis, and procedures shall be in accordance806
with sectionsections 5311.031 to 5311.033 and 5311.04 of the807
Revised Code;808

       (7) A statement that each unit owner shall beis a member of809
a unit owners association that shall be established for the810
administration of the condominium property;811

       (8) The name of a person to receive service of process for812
the unit owners association, together with the person's residence813
or place of business of the person, which residence or place of814
business shall be in a county in which all or a part of the815
condominium property is situatedlocated in this state;816

       (9) A statement of any membership requirement if the unit817
owners association or any unit owners are required to be members818
of a not-for-profit organization that provides facilities or819
recreation, education, or social services to owners of property820
other than the condominium property;821

       (10) The method by which the declaration may be amended, that822
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 the825
Revised Code, shall requirerequires the affirmative vote of those826
unit owners exercising not less than seventy-five per cent of the827
voting power;828

       (10)(11) Any further provisions deemed desirable.829

       (C) In the case ofThe declaration for an expandable830
condominium property, the declaration also shall contain all of831
the following in addition to the requirements of division (B) of832
this section:833

       (1) The explicit reservation of the declarant's option to834
expand the condominium property;835

       (2) A statement of any limitations on that option to expand,836
including a statement as to whether the consent of any unit owners837
owner is required, and if so, a statement as to the method whereby838
thehow that consent is to be ascertained; or a statement that839
there are no such limitations on the option to expand;840

       (3) A time limit, not exceeding seven years from the date the841
declaration is filed for record, renewable for an additional842
seven-year period at the option of the developer, exercisable843
within six months prior to the expiration of the seven-year period844
and with the consent of the majority of the unit owners other than845
the developer upon which the option to expand the condominium846
property will expire, together with a statement of any847
circumstances that will terminate the option prior to the848
expiration of the time limit;(a) The time at which the option to849
expand the condominium development expires, which shall not exceed850
seven years from the date the declaration is filed for record;851

       (b) A statement that the declarant may, during the six months 852
prior to the time that the option expires, extend the option for 853
an additional seven years with the consent of the holders of a 854
majority of the voting power of the unit owners other than the 855
declarant;856

       (c) A statement of any circumstances that will terminate the857
option to expand prior to the time established pursuant to858
division (C)(3)(a) or (b) of this section.859

       (4) A legal description by metes and bounds of all additional 860
property that, through exercise of the option, may be submitted to 861
the provisions of this chapter and that, thereby, may be added to 862
the condominium property;863

       (5) A statement as to whether all, or a particular portion,864
of the additional property must be added to the condominium865
property, or whether, if any additional property is added, all or866
a particular portion of the additional property must be added,867
and, if not, a statement of any limitations as to the portions868
that may be added or a statement that there are no such869
limitations;that specifies all of the following:870

       (a) Whether the addition of all or a particular portion of871
the additional property is mandatory;872

       (b) If the addition of additional property is not mandatory,873
whether all or a particular portion of the additional property874
must be added if any other additional property is added;875

       (c) Whether or not there are any limitations on portions of876
additional property that may be added.877

       (6) A statement as toof whether portions of the additional878
property may be added to the condominium property at different879
times, together withand a statement that sets forth any880
limitations fixingon the addition of additional property at881
different times, including the legal descriptions of the882
boundaries of those portions by legal descriptions setting forth883
the metes and bounds of those portions, or regulatingthat may be884
added and specifications on the order in which theythose portions885
may be added to the condominium property, or bothor a statement886
that there are no limitations on the addition of additional887
property;888

       (7) A statement of any limitations as toon the location of889
any improvements that may be made on any portion of the additional890
property added to the condominium property, or a statement that891
there are no such limitations of that kind;892

       (8) A statement of the maximum number of units that may be893
created on the additional property. If portions of the additional894
property may be added to the condominium property and the895
boundaries of those portions are fixed in accordance with division896
(C)(6) of this section, the declaration shall also shall state the897
maximum number of units that may be created on each portion added898
to the condominium property. If portions of the additional899
property may be added to the condominium property and the900
boundaries of those portions are not fixed in accordance with901
division (C)(6) of this section, the declaration shall also shall902
state the maximum number of units per acre that may be created on903
any portion added to the condominium property.904

       (9) Except in cases wherewhen the previously submitted905
original condominium property containscontained no units906
restricted exclusively to residential use, a statement of the907
maximum percentage of the aggregate land area and the maximum908
percentage of aggregate floor area of allthat may be devoted to909
units not restricted exclusively to residential use that may be910
created on any additional property or portions of additional911
property that may be added to the condominium property;912

       (10) A statement of the extent to which any structures913
erected on any portion of the additional property added to the914
condominium property will be compatible with structures on the915
submitted property in terms of quality of construction, the916
principal materials to be used, and architectural style, or a917
statement that the structures need not be compatible in those918
termsrespects;919

       (11) With respect to all improvements to any portion of920
additional property added to the condominium property, other than921
structures, a statement setting forth both of the following:922

       (a) A description of the improvements that must be made or a923
statement that no other improvements must be made;924

       (b) Any restrictions or limitations uponon the improvements925
that may be made or a statement that there are no restrictions or926
limitations uponon improvements that may be made.927

       (12) With respect to all units created on any portion of928
additional property added to the condominium property, a statement929
setting forth both of the following:930

       (a) Whether all such units of that kind must be substantially 931
identical to units on previously submitted landproperty;932

       (b) Any limitations as to whaton the types of units that may 933
be created on the additional property or a statement that there 934
are no limitations of that kind.935

       (13) A description of the declarant'sany reserved right, if936
any, eitherof the declarant to create limited common areas and937
facilitieselements within any portion of the additional property938
added to the condominium property or to designate common areas and939
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 portion944
to units;945

       (14) The drawingsDrawings and plans that the declarant946
considers appropriate in supplementing the requirements of947
divisions (C)(4), (5), (6), (7), (10), (11), (12), and (13) of948
this sectiondivision (C) of this section;949

       (15) A statement that a successor owner of the condominium950
property or of additional property added to the condominium951
property who is not an affiliate of the developer and who is a952
bona fide purchaser of the property for value, or a purchaser who953
acquires the property at a sheriff's sale or by deed in lieu of a954
foreclosure, is not liable in damages for harm caused by an action955
or omission of the developer or a breach of an obligation by the956
developer.957

       (D) In the case ofThe declaration for a leasehold958
condominium development, the declaration shall also contain all of 959
the following in addition to the requirements of division (B) of 960
this section:961

       (1) With respect to any ground lease or other leases, the962
expiration or termination of which will or maycould terminate or963
reduce the amount of the condominium property, a statement setting964
forth the county in which the lease is recorded and the volume and965
page of the record;966

       (2) A statement setting forth the date upon which each lease967
referred to in division (D)(1) of this section is due to expire968
expires;969

       (3)(a) A statement as toof whether the unit owners own any 970
land or improvements of the condominium property will be owned by 971
the unit owners in fee simple, and if so, either a description of972
the land or improvements, includingand a legal description by 973
metes and bounds of the land, or a;974

       (b) A statement of any rights the unit owners shall have to975
remove thoseany improvements within a reasonable time after the976
expiration or termination of theany ninety-nine year lease or977
leases involved, or a statement that they shall have no such978
rights;of that nature.979

       (4) A statement of the rights that the unit owners have to980
redeem the reversion or any of the reversions, or a statement that981
they have no such rights of that nature;982

       (5) A statement that, subsequent to the recording of the983
declaration, no lessor who executed it, and no successor in984
interest to thethat lessor, havehas any right or power to985
terminate any part of the leasehold interest of any unit owner who986
makes timely payment of the unit owner's share of the rent to the987
person designated in the declaration for the receipt of thethat988
rent and who otherwise complies with all covenants that, if989
violated, would entitle the lessor to terminate the lease.990

       (E)(1) Without a vote of the unit owners, the board of991
directors may amend the declaration in any manner necessary for992
any of the following purposes:993

       (a) To meet the requirements of institutional mortgagees,994
guarantors and insurers of first mortgage loans, the federal995
national mortgage association, the federal home loan mortgage996
corporation, the federal housing administration, the veterans997
administration, and similar institutions;998

       (b) To meet the requirements of insurance underwriters;999

       (c) To bring the declaration into compliance with this1000
chapter;1001

       (d) To correct clerical or typographical errors or obvious1002
factual errors in the declaration or an exhibit to the1003
declaration;1004

       (e) To designate a successor to the person named to receive1005
service of process for the unit owners association. If the 1006
association is incorporated in this state, this may be 1007
accomplished by filing with the secretary of state an appropriate 1008
change of statutory agent designation.1009

       (2) Division (E)(1) of this section applies to condominium1010
properties submitted to this chapter prior to, on, or after the1011
effective date of this amendment.1012

       (3) Any unit owner who is aggrieved by an amendment to the1013
declaration that the board of directors makes pursuant to division1014
(E)(1) of this section may commence a declaratory judgment action1015
to have the amendment declared invalid as violative of division1016
(E)(1) of this section. Any action filed pursuant to division 1017
(E)(3) of this section shall be filed in the appropriate court of 1018
common pleas within one year from the date of the recordation of 1019
the amendment.1020

       Sec. 5311.051. In the case of an expandable condominium1021
property, landLand and improvements on the property shall beof 1022
an expandable condominium property are considered added to the1023
condominium property and submitted to the provisions of this1024
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, of1028
an amendment to the declaration, that contains the information,1029
drawings, and plans with respect to the additional property and1030
improvements required by those sections and by divisions (A) and1031
(B) of section 5311.05 of the Revised Code. The amendment,1032
pursuant to the declaration and section 5311.04 of the Revised1033
Code, shall allocate and reallocate percentages of interest1034
undivided interests in the common areas and facilitieselements of1035
the condominium property appertaining to each unit of the1036
condominium property. Notwithstanding division (D) of section1037
5311.04 and division (B)(9) of section 5311.05 of the Revised1038
Code, theThe execution and filing for record of an amendment1039
submitting additional property to an expandable condominium1040
property is an effective amendment of the declaration without a1041
vote of the unit owners.1042

       Sec. 5311.052.  If a condominium property for which the1043
declaration was filed with a county recorder prior to October 1,1044
1978, has been expanded prior to the effective date of this1045
section or is expanded on or after the effective date of this1046
section by the addition of units in accordance with the1047
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 percentage1057
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 property1060
shall be filed and recorded in the office of the recorder of the1061
county or counties in which the land or water slips described in1062
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 section1065
5311.07 of the Revised Code, and a true copy of the bylaws of the1066
unit owners association, provided for inas required by section1067
5311.08 of the Revised Code. Any1068

       (2) Any amendment to the declaration by whichthat effects1069
any change is effected in the bylaws or drawings, including an1070
amendment to add additional land or an improvement to the1071
condominium property, shall, when filed, have attachedbe1072
accompanied by a true copy of the change in the bylaws orand1073
drawings.1074

       (B) A recorder shall not accept any declaration or amendment1075
and any attached bylaws and drawings for recording until a copy of1076
the declaration or amendment and the attachedbylaws and drawings1077
hashave been filed with the auditor of the county who shall1078
endorse onand the declaration or amendment contains the auditor's1079
certification that copiesa copy of the declaration or amendment1080
and attachedany bylaws and drawings have been filed with himthe1081
auditor.1082

       (C) No interest in a unit shall be conveyed until the1083
declaration, bylaws, and drawings, certified as provided in1084
required by this section, have been filed for record. Errors or1085
omissions in the declaration, bylaws, or drawings do not affect1086
the title of a grantee of a unit.1087

       (D)This section does not prohibit a developer and a1088
purchaser from entering into an agreement for the sale of a1089
condominium ownership interest prior to filing the documents that1090
create that condominium ownership interest.1091

       Sec. 5311.07. (A)(1) A set of drawings shall be prepared for1092
every condominium property which showthat graphically, insofar as1093
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 and1098
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

       (2) If the condominium property is not contiguous, the1102
drawings shall show the distances between any parcels of land or1103
any water slips. The1104

       (3) The drawings for commercial units that do not have wall1105
surfaces shall show the monumental perimeter boundaries of those1106
units.1107

       (4) The drawings need not show interior walls or partitions1108
that are not load-bearing.1109

       (B) Each drawing shall bear theboth of the following:1110

       (1) The certified statement of a registered surveyor and1111
registered architect or registered surveyor and licensed1112
professional engineer that the drawingsdrawing accurately show1113
theshows each building or buildings, or water slips,slip as1114
built or constructed;1115

       (2) The certified statement of a registered professional1116
surveyor that the drawing accurately reflects the location of1117
improvements and recorded easements.1118

       (C) If some, but not all, portions of the condominium1119
property are to be held by unit owners in a leasehold estate, the1120
drawings shall show the locationslocation and dimensions of each1121
portion and shall label the portion as leased land or as leased1122
property. If there is more than one portion of leased land or1123
leased property, the drawings shall label each portion with one or1124
more letters or numbers, or both,in a manner that is different1125
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

       In the case of(D) If the condominium property contains any1129
improvements other than units, the drawings or amendments shall1130
indicate which, if any, of the improvements have been begun but1131
have not been substantially completed by the use of the phrase1132
"(NOT YET COMPLETED)."1133

       (E)(1)If any owner of a convertible unit converts all or any1134
portion of a convertible unit into one or more units and common1135
elements, including limited common elements, the owner shall1136
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 of1142
the former convertible unit; the boundaries, location,1143
designation, and dimensions of the limited common elements1144
appurtenant to each unit; and the boundaries, location,1145
designation, and dimensions of any common element formed out of1146
the former convertible unit.1147

       (3) Each drawing shall bear the certified statement of a1148
registered architect or registered professional engineer that the1149
drawing accurately shows the units, common elements, and1150
appurtenant limited common elements formed out of the former1151
convertible unit.1152

       Sec. 5311.08.  (A)(1) Every condominium property shall be1153
administered by a unit owners association, which. All power and1154
authority of the unit owners association shall be exercised by a1155
board of directors, which the unit owners shall elect from among1156
the unit owners or the spouses of unit owners. If a unit owner is1157
not an individual, that unit owner may nominate for the board of1158
directors any principal, member of a limited liability company,1159
partner, director, officer, or employee of that unit owner.1160

       (2) The board of directors shall elect a president,1161
secretary, treasurer, and other officers that the board may1162
desire.1163

       (3) Unless otherwise provided in the declaration or the1164
bylaws, all meetings of the unit owners association are open to 1165
the unit owners, and those present in person or by proxy when 1166
action is taken during a meeting of the unit owners association 1167
constitute a sufficient quorum.1168

       (4)(a) A meeting of the board of directors may be held by any1169
method of communication, including electronic or telephonic1170
communication provided that each member of the board can hear,1171
participate, and respond to every other member of the board.1172

       (b) In lieu of conducting a meeting, the board of directors1173
may take action with the unanimous written consent of the members1174
of the board. Those written consents shall be filed with the1175
minutes of the meetings of the board.1176

       (B) The unit owners association shall be governed by bylaws.1177
No modification of or amendment to the bylaws is valid unless it1178
is set forth in an amendment to the declaration, and the amendment1179
to the declaration is filed for record. Unless1180

       (B) Unless otherwise provided by the declaration, the bylaws1181
shall provide for the following:1182

       (1)(a) The election from among the unit owners of athe board 1183
of managersdirectors of the unit owners association which shall1184
exercise, unless otherwise provided in this chapter, the1185
declaration, or the bylaws, all power and authority of the unit1186
owners association; the;1187

       (b) The number of persons constituting the board and that1188
the;1189

       (c) The terms of the directors, with not less than one-third1190
of the members of the boardone-fifth to expire annually; the1191

       (d) The powers and duties of the board; the1192

       (e) The compensation of its members and the directors;1193

       (f) The method of their removal of directors from office; and1194
whether1195

       (g) The election of officers of the board;1196

       (h) Whether or not the services of a manager or managing1197
agent may be engaged;.1198

       (2) The time and place for holding meetings; the manner of1199
and authority for calling, giving notice of, and conducting1200
meetings; and the requirement, in terms of percentage of interest1201
undivided interests in the common areas and facilitieselements,1202
of a quorum for meetings of the unit owners association;1203

       (3) The election by the board of managers of a president, one1204
or more vice presidents, secretary, treasurer, and such other1205
officers as the board of managers may desire;1206

       (4) By whom and the procedure by which maintenance, repair,1207
and replacement of the common areas and facilitieselements may be1208
authorized;1209

       (5)(4) The common expenses for which assessments may be made1210
and the manner of collecting from the unit owners their respective1211
shares of the common expenses;1212

       (6)(5) The method of distributing the common profits;1213

       (7)(6) By whom and the procedure by which administrative1214
rules governing the operation and use of the condominium property1215
or any portion of the property may be adopted and amended. These1216
rules may govern any aspect of the condominium property that is1217
not required to be governed by bylaws and may include standards1218
governing the type and nature of information and documents that1219
are subject to examination and copying by unit owners pursuant to1220
section 5311.091 of the Revised Code, including the times and1221
location at which items may be examined or copied and any required1222
fee for copying the information or documents.1223

       (C) In a condominium development, the(1) The unit owners1224
association shall be established not later than the date that the1225
deed or other evidence of ownership is filed for record following1226
the first sale of a condominium ownership interest in thea1227
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 that1234
developer has sold and conveyed condominium ownership interests1235
appertaining to which twenty-five per cent of the undivided1236
interests in the common areas and facilities appertain have been1237
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 than1240
twenty-five per centone-third of the members of the board of1241
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. When1246

       (b) When computing percentages of interestundivided1247
interests in expandable condominium properties for purposes of1248
divisions (C) and (D) of this divisionsection, the percentage of1249
interestundivided interests in common areas and facilities1250
elements shall be computed by comparing the number of units sold1251
and conveyed to the maximum number of units that may be created,1252
as stated in the declaration pursuant to division (C)(8) of1253
section 5311.05 of the Revised Code.1254

       (D)(1) Except as statedprovided in division (C) of this1255
section, the declaration or bylaws of a condominium development1256
may authorize the developer or persons designated by himthe1257
developer designates to appoint and remove members of the board of1258
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 to1261
the unit owners association,or to the board of managers, or other1262
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

       (1) Five years, in the case of a condominium development the 1266
declaration of which includes expandable condominium property, or 1267
three years in the case of other condominium developments;1268

       (2) Thirtysixty days after the sale and conveyance to1269
purchasers in good faith for value of condominium ownership1270
interests to which appertain seventy-five per cent of the1271
undivided interests in the common areas and facilities to1272
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

       (2) If there is a unit owner other than the developer, the1279
declaration of a condominium development shall not be amended to1280
increase the scope or the period of the developer's control by the 1281
developer.1282

       (3) Within thirtysixty days ofafter the expiration of any1283
the period during which the developer exercises powers under this1284
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 owners1287
association. The persons so elected shall take office upon1288
electionat the end of the meeting during which they are elected 1289
and shall, as soon as reasonably possible, appoint officers.1290

       (E) The board of directors, or the developer while in control1291
of the association, may take any measures necessary to incorporate1292
the unit owners association as a not-for-profit corporation.1293

       Sec. 5311.081. (A) Unless otherwise provided in the1294
declaration or bylaws, the unit owners association, through the1295
board of directors, shall do both of the following:1296

       (1) Adopt and amend budgets for revenues, expenditures, and1297
reserves in an amount adequate to repair and replace major capital1298
items in the normal course of operations without the necessity of1299
special assessments, provided that the amount set aside annually1300
for reserves shall not be less than ten per cent of the budget for1301
that year unless the reserve requirement is waived annually by the1302
unit owners exercising not less than a majority of the voting1303
power of the unit owners association;1304

       (2) Collect assessments for common expenses from unit owners.1305

       (B) Unless otherwise provided in the declaration, the unit1306
owners association, through the board of directors, may exercise1307
all powers of the association, including the power to do the1308
following:1309

       (1) Hire and fire managing agents, attorneys, accountants,1310
and other independent contractors and employees that the board1311
determines are necessary or desirable in the management of the1312
condominium property and the association;1313

       (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 that1317
involves two or more unit owners and relates to matters affecting 1318
the condominium property;1319

       (3) Enter into contracts and incur liabilities relating to1320
the operation of the condominium property;1321

       (4) Regulate the use, maintenance, repair, replacement,1322
modification, and appearance of the condominium property;1323

       (5) Adopt rules that regulate the use or occupancy of units,1324
the maintenance, repair, replacement, modification, and appearance1325
of units, common elements, and limited common elements when the1326
actions regulated by those rules affect common elements or other 1327
units;1328

       (6) Cause additional improvements to be made as part of the1329
common elements;1330

        (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 and1334
encumber or convey that interest. All expenses incurred in1335
connection with the acquisition, encumbrance, use, and operation1336
of that interest are common expenses.1337

       (8) Acquire, encumber, and convey or otherwise transfer1338
personal property;1339

       (9) Hold in the name of the unit owners association the real1340
property and personal property acquired pursuant to divisions1341
(B)(7) and (8) of this section;1342

       (10) Grant easements, leases, licenses, and concessions1343
through or over the common elements;1344

       (11) Impose and collect fees or other charges for the use,1345
rental, or operation of the common elements or for services1346
provided to unit owners;1347

       (12) Impose interest and late charges for the late payment of1348
assessments; impose returned check charges; and, pursuant to1349
division (C) of this section, impose reasonable enforcement1350
assessments for violations of the declaration, the bylaws, and the 1351
rules of the unit owners association, and reasonable charges for1352
damage to the common elements or other property;1353

       (13) Adopt and amend rules that regulate the collection of1354
delinquent assessments and the application of payments of1355
delinquent assessments;1356

       (14) Subject to applicable laws, adopt and amend rules that1357
regulate the termination of utility or other service to a1358
commercial unit if the unit owner is delinquent in the payment of1359
an assessment that pays, in whole or in part, the cost of that1360
service;1361

       (15) Impose reasonable charges for preparing, recording, or1362
copying amendments to the declaration, resale certificates, or1363
statements of unpaid assessments;1364

       (16) Enter a unit for bona fide purposes when conditions1365
exist that involve an imminent risk of damage or harm to common1366
elements, another unit, or to the health or safety of the1367
occupants of that unit or another unit;1368

       (17) To the extent provided in the declaration or bylaws,1369
assign the unit owners association's rights to common assessments,1370
or other future income, to a lender as security for a loan to the1371
unit owners association;1372

       (18) Suspend the voting privileges and use of recreational1373
facilities of a unit owner who is delinquent in the payment of1374
assessments for more than thirty days;1375

       (19) Purchase insurance and fidelity bonds the directors 1376
consider appropriate or necessary;1377

       (20) Invest excess funds in investments that meet standards1378
for fiduciary investments under Ohio law;1379

        (21) Exercise powers that are:1380

       (a) Conferred by the declaration or the bylaws of the unit 1381
owners association or the board of directors;1382

       (b) Necessary to incorporate the unit owners association as a1383
not-for-profit corporation;1384

       (c) Permitted to be exercised in this state by a1385
not-for-profit corporation;1386

       (d) Necessary and proper for the government and operation of 1387
the unit owners association.1388

       (C)(1) Prior to imposing a charge for damages or an1389
enforcement assessment pursuant to division (B)(12) of this 1390
section, the board of directors shall give the unit owner a 1391
written notice that includes all of the following:1392

       (a) A description of the property damage or violation;1393

       (b) The amount of the proposed charge or assessment;1394

       (c) A statement that the owner has a right to a hearing1395
before the board of directors to contest the proposed charge or 1396
assessment;1397

       (d) A statement setting forth the procedures to request a 1398
hearing pursuant to division (C)(2) of this section;1399

       (e) A reasonable date by which the unit owner must cure the1400
violation to avoid the proposed charge or assessment.1401

       (2)(a) To request a hearing, the owner shall deliver a1402
written notice to the board of directors not later than the tenth1403
day after receiving the notice required by division (C)(1) of this 1404
section. If the owner fails to make a timely request for a1405
hearing, the right to that hearing is waived, and the board may1406
immediately impose a charge for damages or an enforcement 1407
assessment pursuant to division (C) of this section.1408

       (b) If a unit owner requests a hearing, at least seven days1409
prior to the hearing the board of directors shall provide the unit1410
owner with a written notice that includes the date, time, and1411
location of the hearing.1412

       (3) The board of directors shall not levy a charge or1413
assessment before holding any hearing requested pursuant to1414
division (C)(2) of this section.1415

       (4) The unit owners, through the board of directors, may1416
allow a reasonable time to cure a violation described in division1417
(B)(12) of this section before imposing a charge or assessment.1418

       (5) Within thirty days following a hearing at which the board1419
of directors imposes a charge or assessment, the unit owners 1420
association shall deliver a written notice of the charge or1421
assessment to the unit owner.1422

       (6) Any written notice that division (C) of this section 1423
requires shall be delivered to the unit owner or any occupant of 1424
the unit by personal delivery, by certified mail, return receipt 1425
requested, or by regular mail.1426

       Sec. 5311.09.  (A) Each(1) The unit owners association shall1427
keep correctall of the following:1428

       (a) Correct and complete books and records of account,1429
specifyingthat specify the receipts and expenditures relating to1430
the common areas and facilitieselements and other common receipts1431
and expenses, together with records;1432

       (b) Records showing the allocation, distribution, and1433
collection of the common profits, losses, and expenses among and1434
from the unit owners; minutes1435

       (c) Minutes of the proceedingsmeetings of the unit owners1436
association and the board of managersdirectors; and records1437

       (d) Records of the names and addresses of the unit owners and 1438
their respective percentages of interestundivided interests in 1439
the common areas and facilitieselements. 1440

       (2) Within thirty days after a unit owner obtains a1441
condominium ownership interest, the unit owner shall provide the1442
following information in writing to the unit owners association1443
through the board of directors:1444

       (a) The home address, home and business mailing addresses,1445
and the home and business telephone numbers of the unit owner and1446
all occupants of the unit;1447

       (b) The name, business address, and business telephone number 1448
of any person who manages the owner's unit as an agent of that 1449
owner.1450

       (3) Within thirty days after a change in any information that 1451
division (A)(2) of this section requires, a unit owner shall 1452
notify the association, through the board of directors, in writing 1453
of the change. When the board of directors requests, a unit owner1454
shall verify or update the information.1455

       (B) Whenever(1) When elected members of a board of managers1456
directors of a unit owners association take control of the1457
association, the declarant or developer shall deliver to such1458
officers correct and complete books and records of account, as1459
required in division (A) of this section, and anythe board 1460
correct and complete copies of all of the following:1461

       (a) The books, records, and minutes referred to in division1462
(A) of this section;1463

       (b) The declaration, the bylaws, the drawings prepared1464
pursuant to section 5311.07 of the Revised Code, as recorded, and1465
any articles of incorporation of the unit owners association, as1466
recorded;1467

       (c) Except in the case of a conversion condominium,1468
documents, information, and sources of information concerning the1469
location of underground utility lines, and plans and1470
specifications that are not proprietary or copyrighted, of the1471
buildings, other improvements, and structures of the condominium1472
property that are reasonably available to the developer, but only1473
in connection with condominium developments declared on or after1474
the effective date of this amendment and condominium developments1475
that are declared prior to that date but originally built or1476
constructed on or after that date.1477

       (2) The board of directors may commence a civil action on1478
behalf of the unit owners association in the court of common pleas1479
of the county in which the condominium property is located to1480
obtain injunctive relief or recover damages for harm resulting1481
from the declarant's or developer's failure to do so may be1482
recovered in a civil actioncomply with division (B)(1) of this 1483
section.1484

       Sec. 5311.091. (A) Except as otherwise prohibited by this1485
section, any member of a unit owners association may examine and1486
copy the books, records, and minutes described in division (A) of1487
section 5311.09 of the Revised Code pursuant to reasonable1488
standards set forth in the declaration, bylaws, or rules the board1489
promulgates, which may include, but are not limited to, standards1490
governing the type of documents that are subject to examination1491
and copying, the times and locations at which those documents may1492
be examined or copied, and the specification of a reasonable fee1493
for copying the documents.1494

       (B) The unit owners association is not required to permit the 1495
examination and copying of any of the following from books,1496
records, and minutes:1497

       (1) Information that pertains to condominium property-related 1498
personnel matters;1499

       (2) Communications with legal counsel or attorney work1500
product pertaining to pending litigation or other condominium1501
property-related matters;1502

       (3) Information that pertains to contracts or transactions1503
currently under negotiation, or information that is contained in a1504
contract or other agreement containing confidentiality1505
requirements and that is subject to those requirements;1506

       (4) Information that relates to the enforcement of the1507
declaration, bylaws, or rules of the unit owners association1508
against unit owners;1509

       (5) Information the disclosure of which is prohibited by1510
state or federal law.1511

       Sec. 5311.10.  In any deed, mortgage, lease, or other1512
instrument of conveyance or encumbrance of, or by which a lien is1513
created upon, any interest or estate in aany unit or units of1514
condominium property, it is sufficient to describe suchthe unit1515
or units by setting forth the name of the condominium property,1516
the number or other designation of the unit or units, and the1517
numbers of the volumes and initial pages of the records of the1518
declaration and drawings of the condominium property. This section1519
does not require reference by volume and page to amendments to the 1520
declaration or the drawings of the condominium property that1521
accompany an amendment, and the omission of any reference to1522
amendments does not affect the validity of any deed, mortgage,1523
lease, or other instrument referred to in this section.1524

       Sec. 5311.11.  Each unit of a condominium property and the1525
percentage ofundivided interest in the common areas and1526
facilitieselements appurtenant to it shall beis deemed to be a1527
separate parcel for all purposes of taxation and assessment of1528
real property, and no other unit or other part of the condominium1529
property shall be charged with the payment of suchthose taxes and1530
assessments.1531

       Sec. 5311.12. TheNo owner or owners of property submitted1532
to the provisions of Chapter 5311. of the Revised Codethis1533
chapter shall not thereafter convey fee title to any unit thereof1534
of the condominium property until all liens and encumbrances,1535
except taxes and assessments of political subdivisions not then1536
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 operation1539
thereofof those liens and encumbrances, or the purchaser of the 1540
unit assumes the lien.1541

       Sec. 5311.13.  (A) Liens and encumbrances shall arise with1542
respect to and shall affect a unit of a condominium property and1543
the percentage ofundivided interest in the common areas and1544
facilitieselements appurtenant to it in the same manner and under1545
the same conditions in every respect as the same mayliens and1546
encumbrances arise with respect to and affect any other real1547
estate, except as provided in this section.1548

       (B) Any person who does work or labor upon or furnishes1549
machinery, material, or fuel for the alteration or repair of any1550
unit without the consent or authorization of theany owner,1551
part-owner or lessee of any interest in the unit, or histhe1552
owner's or lessee's authorized agent, is nevertheless is entitled1553
to a lien to secure payment thereforfor the work, labor,1554
machinery, material, or fuel on the estate or interest in the unit1555
of the owner, pursuant to sections 1311.01 to 1311.38 of the1556
Revised Code, if the work, labor, alteration, or repair has been1557
was duly authorized or directed by the board of managersdirectors1558
of the unit owners association and has been necessary in the1559
opinion of the board of managersdirectors for public safety or in1560
order to prevent damage to or destruction of any other part of the1561
condominium property.1562

       (C) Any person who does work or labor upon or furnishes1563
machinery, material, or fuel for the construction, alteration,1564
repair, improvement, enhancement, or embellishment of any part of1565
the common areas and facilitieselements of any condominium1566
property is entitled to a lien to secure payment thereforfor the1567
work, labor, machinery, material, or fuel on the estates or1568
interests of all owners in all units and their respective1569
percentages of interestundivided interests in the common areas1570
and facilitieselements, pursuant to sections 1311.01 to 1311.381571
of the Revised Code, if the work, labor, construction, alteration,1572
repair, improvement, enhancement, or embellishment has beenwas1573
duly authorized or directed by the board of managersdirectors of1574
the unit owners association.1575

       (D) Whenever anyIf a lien or encumbrance arises with respect1576
to and affects any estate or interest in two or more units, the1577
proportionate amount of the obligation secured or evidenced by the1578
lien or encumbrance that is attributable to the estate or interest1579
in any such unit shall be in the ratio that the percentage of 1580
interestundivided interests in the common areas and facilities1581
elements appurtenant to that unit bears to the total percentages1582
of interestundivided interests in the common areas and facilities1583
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 the1588
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 or1591
interest.1592

       (E)(1) When a lien exists under Chapter 1311. of the Revised1593
Code to secure payment for work or labor done or machinery,1594
material, or fuel furnished for property, which thereafterthat1595
subsequently becomes condominium property through the filing and1596
recording of a declaration under section 5311.06 of the Revised1597
Code, regardless of the condominium property to which the lien1598
originally attached, after the declaration is filed for record,1599
the lien is enforceable as to condominium property only against1600
units and their appurtenant interests in the common areas and1601
facilities owned byelements that the declarantdeveloper owned or 1602
conveyed by him, other than as described in division (F) of this 1603
section. Foreclosure1604

       (2) Foreclosure of such a lien described in division (E)(1)1605
of this section does not of itself terminate the condominium1606
property. This division does1607

       (3) Divisions (E)(1) and (2) of this section do not limit the 1608
right to enforce a lien arising under Chapter 1311. of the Revised 1609
Code against property that does not become condominium property 1610
through the filing and recording of a declaration under section1611
5311.06 of the Revised Code.1612

       (F) No lien acquired under Chapter 1311. of the Revised Code1613
is enforceable against any purchaser in good faith for value of a1614
unit and its appurtenant interest in the common areas and1615
facilitieselements from the declarantdeveloper unless the1616
affidavit required by section 1311.06 of the Revised Code is filed1617
for record before the deed or other instrument of conveyance of1618
the unit is filed for record.1619

       Sec. 5311.14.  (A) Unless provided otherwise in the1620
declaration, damage to or destruction of all or any part of the1621
common areas and facilitieselements of a condominium property1622
shall be promptly repaired and restored by the manager or board of1623
managersdirectorsof the unit owners association. The cost of1624
suchthe repairs and restoration shall be paid from the proceeds1625
of insurance, if any, payable because of suchthe damage or1626
destruction, and the balance of suchthat cost shall beis a1627
common expense.1628

       (B)(1) Unless provided otherwise in the declaration, in the1629
event of damage to or destruction of all or any part of the common1630
areas and facilitieselements of a condominium property, the unit1631
owners, by the affirmative vote of those entitled to exercise not1632
less than seventy-five per cent of the voting power or sucha1633
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 such1636

       (2) Upon an election not to repair or restore, all of the1637
condominium property is subject to an action for sale as upon1638
partition at the suit of any unit owner. In the event of any such1639
sale or a sale of the condominium property after such election by1640
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 common1648
areas and facilitieselements appurtenant to their units. No1649

       No unit owner is entitled to receive any portion of his share 1650
of suchthose proceeds until all liens and encumbrances on histhe1651
unit have been, except taxes and assessments of political 1652
subdivisions not then due and payable, are paid, released, or1653
discharged.1654

       Sec. 5311.16.  Unless otherwise provided by the declaration1655
or bylaws, the board of managersdirectors shall insure all unit1656
owners, their tenants, and all persons lawfully in possession or1657
control of any part of the condominium property for suchthe1658
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 the1666
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 of1669
Chapter 5311. of the Revised Codethis chapter. In the event of1670
suchthat election, all liens and encumbrances, except taxes and1671
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 setting1674
forth that suchthe election was made shall be filed with the1675
recorder of the county or counties in which the condominium1676
property is situated and by him recorded by each recorder. Such1677
The certificate shall be signed byas follows:1678

       (1) By the president or other chief officer of the board of1679
managers of the unit owners association, who shall certify therein1680
in the certificate under oath that all liens and encumbrances,1681
except taxes and assessments of political subdivisions not then1682
due and payable, upon all or any part of the common areas and1683
facilitieselements have been paid, released, modified, or1684
discharged, and shall also be signed by;1685

       (2) By the unit owners, each of whom shall certify thereinin 1686
the certificate under oath that all such liens and encumbrances on1687
histhe owner's unit or units have been paid, released, modified,1688
or discharged, except taxes and assessments of political1689
subdivisions not then due and payable.1690

       (B) A recorder shall not accept for recording any certificate 1691
pursuant to this section until a copy thereof has beenis filed 1692
with the auditor of the same county who shall endorse on the1693
certificate that, and the certificate contains the auditor's1694
endorsement that a copy thereof has beenis filed with himthe1695
auditor.1696

       (C) A condominium property shall beis deemed removed from 1697
the provisions of Chapter 5311. of the Revised Codethis chapter1698
upon the filing of the certificate with the recorder or recorders, 1699
and upon suchthat removal, the property shall beis owned in1700
common by the unit owners. The undivided interest in the property 1701
owned by each unit owner shall beis the percentage ofundivided1702
interest in the common areas and facilitieselements appurtenant 1703
to the units in the condominium property previously owned by such1704
each owner.1705

       Sec. 5311.18.  (A)(1) Unless otherwise provided by the1706
declaration or the bylaws, the unit owners association shall have1707
has a lien upon the estate or interest of the owner in any unit 1708
and the appurtenant percentage ofundivided interest in the common1709
areas and facilitieselements for the payment of any of the1710
portion of the commonfollowing expenses that are chargeable 1711
against the unit and that remainsremain unpaid for ten days after1712
theany portion has become due and payable.:1713

       (a) The portion of the common expenses chargeable against the 1714
unit;1715

       (b) Interest, administrative late fees, enforcement1716
assessments, and collection costs, attorney's fees, and paralegal1717
fees the association incurs if authorized by the declaration, the 1718
bylaws, or the rules of the unit owners association and if1719
chargeable against the unit.1720

       (2) Unless otherwise provided by the declaration, the bylaws, 1721
or the rules of the unit owners association, the association shall 1722
credit payments made by a unit owner for the expenses described in1723
divisions (A)(1)(a) and (b) of this section in the following order 1724
of priority:1725

       (a) First, to interest owed to the association;1726

       (b) Second, to administrative late fees owed to the1727
association;1728

       (c) Third, to collection costs, attorney's fees, and1729
paralegal fees incurred by the association;1730

       (d) Fourth, to the principal amounts the unit owner owes to 1731
the association for the common expenses or penalty assessments1732
chargeable against the unit.1733

       (3) The lien described in division (A)(1) of this section is1734
effective on the date that a certificate of lien in the form1735
described in division (A)(3) of this section is filed for record1736
in the office of the recorder of the county or counties in which1737
the condominium property is situated pursuant to an authorization1738
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 the1745
president or other chief officer of the unit ownersdesignated 1746
representative of the association. The1747

       (4) The lien described in division (A)(1) of this section is1748
valid for a period of five years from the date of filing, unless1749
it is sooner released or satisfied in the same manner provided by1750
law for the release and satisfaction of mortgages on real property1751
or unless it is discharged by the final judgment or order of a1752
court in an action brought to discharge the lien as provided in1753
division (C) of this section.1754

       (B)(1) The lien provided for bydescribed in division (A)(1)1755
of this section is prior to any lien or encumbrance subsequently1756
arising or created, except liens for real estate taxes and1757
assessments of political subdivisions and liens of first mortgages1758
that have been filed for record, and may be foreclosed in the same1759
manner as a mortgage on real property in an action brought on1760
behalf of the unit owners association by itsthe president or1761
other chief officer of the association pursuant to authority given1762
to himthat individual by the board of managersdirectors. In the1763

       (2) In a foreclosure action a unit owners association 1764
commences pursuant to division (B)(1) of this section or a1765
foreclosure action the holder of a first mortgage or other lien on1766
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 lien1770
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

       (3) In a foreclosure action the holder of a lien on a unit 1776
commences, the holder of that lien shall name the unit owners1777
association as a defendant in the action.1778

       (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 owners1782
association, or its agent, duly authorized by action of itsthe1783
board of managersdirectors, is entitled, unless prohibited by the1784
declaration or bylaws, to become a purchaser at the foreclosure1785
sale.1786

       (5) A mortgage on a unit may contain a provision that secures 1787
the mortgagee's advances for the payment of the portion of the1788
common expenses chargeable against the unit upon which the 1789
mortgagee holds the mortgage.1790

       (6) In any foreclosure action, it is not a defense, set off, 1791
counterclaim, or crossclaim that the unit owners association has1792
failed to provide the unit owner with any service, goods, work, or1793
material, or failed in any other duty.1794

       (C) A unit owner who believes that the portion of the common1795
expenses chargeable to histhe unit, for which a certificate of1796
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 an1804
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 all1807
persons lawfully in possession and control of any part of thea1808
condominium property, and the unit owners association of a1809
condominium property shall comply with all covenants, conditions,1810
and restrictions set forth in a deed to which they are subject or1811
in the declaration, the bylaws of the unit owners association, or1812
administrativethe rules and regulations adopted pursuant toof1813
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 the1822
bylaws, a unit owners association may initiate eviction1823
proceedings, pursuant to Chapters 5321. and 1923. of the Revised1824
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

       (2) In addition to any procedures required by Chapters 5321.1829
and 1923. of the Revised Code, the unit owners association shall1830
give the unit owner at least ten days written notice of the1831
intended eviction action.1832

       (3) The costs of any eviction action brought pursuant to1833
division (B)(1) of this section, including reasonable attorney's 1834
fees, shall be charged to the unit owner and shall be the subject 1835
of a special assessment against the offending unit and made a lien 1836
against that unit. 1837

       Sec. 5311.20.  In any action relating to the common areas and1838
facilitieselements or to any right, duty, or obligation possessed1839
or imposed upon the unit owners association, by statute or1840
otherwise, the unit owners association may sue or be sued as a1841
separate legal entity. In any such action of that nature, service1842
of summons or other process may be made upon the unit owners1843
association by serving the sameprocess personally upon the1844
president or other chief officer thereof or upon the person1845
designated representative of the unit owners association named in1846
the declaration as the person to receive service of process1847
therefor, or the person named as statutory agent of the 1848
association if it is an incorporated entity, or by leaving the1849
sameprocess at the residence or place of business of sucha1850
person set forthnamed in the declaration or named as statutory1851
agent. Any such action brought by or on behalf of the unit owners 1852
association shall be pursuant to authority granted by itsthe1853
board of managersdirectors.1854

       Sec. 5311.21. TheUnless retained by the board of directors1855
as reserves, the common profits of a condominium property shall be1856
distributed among, and, except as provided in division (B) of1857
section 5311.041 of the Revised Code, the common expenses shall be1858
charged to the unit owners according to the percentages of1859
interestundivided interests in the common areas and facilities1860
elements appurtenant to their respective units.1861

       Sec. 5311.22.  (A) Unless otherwise provided in the1862
declaration or bylaws, each unit owner of a condominium property1863
may exercise that percentage of the total voting power of all unit1864
owners on any question for which the vote of unit owners is1865
permitted or required that is equivalent to the percentage of1866
undivided interest in the common areas and facilitieselements1867
appurtenant to histhe owner's unit.1868

       (B) Fiduciaries and minors who are owners of record of a unit 1869
or units may vote their respective interests as unit owners. If1870
Unless otherwise provided in the declaration or bylaws, if two or 1871
more persons, whether fiduciaries, tenants in common, or1872
otherwise, own undivided interests in a unit, each person may1873
exercise the proportion of the voting power of all of the owners1874
of histhe unit that is equivalent to histhe person's1875
proportionate undivided interest in the unit.1876

       (C) A fiduciary for a unit owner or of the estate of a unit1877
owner may vote as though hethe fiduciary were the unit owner when1878
hethe fiduciary has furnished to the unit owners association1879
proof, satisfactory to it, of histhe fiduciary's appointment and1880
qualification as: an executor under the last will of a deceased1881
unit owner;, an administrator of the estate of a deceased unit1882
owner;, a guardian, committee, or conservator of the estate of a1883
wardminor or incompetent who is a unit owner;, a trustee in1884
bankruptcy of a unit owner;, a statutory or judicial receiver or1885
liquidator of the estate or affairs of a unit owner;, or an1886
assignee for the benefit of creditors of a unit owner.1887

       (D) When any other fiduciary or representative of a unit1888
owner who is not described in division (C) of this section has1889
furnished to the unit owners association with satisfactory proof,1890
satisfactory to it, of his authority, hethat person may vote as1891
though he were thea unit owner.1892

       Sec. 5311.23. (A) A declarant, developer, agent, or unit1893
owner, or any person entitled to occupy a unit of a condominium1894
property is liable in damages in a civil action for damagesharm1895
caused to any person or to the unit owners association by histhat1896
individual's failure to comply with any lawful provision of the1897
condominium instruments. Any1898

       (B) Any interested person,including a unit owners1899
association, may commence an action for a declaratory judgment to1900
determine histhat person's legal relations under the condominium1901
instruments or to obtain an injunction against a declarant,1902
developer, agent, unit owner, or person entitled to occupy a unit1903
who refuses to comply, or threatens to refuse to comply, with a1904
provision of the condominium instruments. One1905

       (C) In connection with either type of action described in1906
this section, one or more unit owners may bring a class action on1907
behalf of all unit owners. The lawful provisions of the1908
condominium instruments may, if necessary to carry out their1909
purposes, may be enforced in either type of action against the1910
condominium property or any person who owns or has previously has1911
owned any estate or interest in the condominium property.1912

       (D) An action by the unit owners association under this1913
section may be commenced by the association in its own name, or in1914
the name of itsthe board of managersdirectors, or in the name of1915
itsthe association's managing agent.1916

       Sec. 5311.24. (A) Sections 5311.25 to 5311.27 of the Revised1917
Code do not apply to any of the following, unless the method of1918
disposing of the condominium property is adopted for the purpose1919
of evading their provisions:1920

       (A)(1) The sale of a condominium ownership interest solely1921
for commercial or industrial purposes or uses;1922

       (B)(2) The sale of real estate under or pursuant to court1923
order;1924

       (C)(3) The sale of real estate by the United States or any of1925
its agencies or instrumentalities, or by this state or any1926
political subdivision of this state, or by any of their agencies1927
or instrumentalities;1928

       (D)(4) The sale of condominium ownership interests in1929
individual dwelling units or individual water slip units, and in1930
their appurtenant common areas and facilitieselements for his own1931
the account byof a person other than a declarant, developer, or1932
agent when the sale is not conducted pursuant to the common1933
promotional plan of the developer for sales in a condominium1934
development.1935

       (B) A sale or offer to sell a condominium ownership interest1936
does not exist when a reservation agreement is entered into that1937
does not legally require a prospective purchaser to purchase a1938
condominium ownership interest and under which the prospective1939
purchaser may relinquish all rights and receive a full refund of1940
all deposits, without penalty, at any time prior to entering into1941
a contract to purchase a condominium ownership interest.1942

       Sec. 5311.25. No developer or agent, directly or indirectly,1943
shall sell or offer to sell a condominium ownership interest in a1944
condominium development unless the condominium instruments1945
pertaining to the development provide that:1946

       (A) Any(1)Except as provided in division (A)(2) of this1947
section, any deposit or down payment made in connection with the1948
sale willof a condominium ownership interest shall be held in 1949
trust or escrow until delivered at settlement or, returned to or1950
otherwise credited to the purchaser, or forfeited to the1951
developer, and that if.If a deposit or down payment of more than1952
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 annumequal1955
to the prevailing rate payable by federally insured financial1956
institutions in the county of the condominium property on daily1957
interest accounts for any period exceeding ninety days shall be1958
credited to the purchaser at settlement or upon return or other1959
credit made to the purchaser, or added to any forfeiture to the1960
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 ownership1963
interest contains the legend described in division (A)(2)(b) of1964
this section, a developer may, in accordance with the contractual1965
provisions, withdraw a deposit or down payment from trust or1966
escrow upon the commencement of construction of the structure of1967
the condominium property in which the purchaser's unit will be1968
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 down1973
payment for the purposes described in division (A)(2)(a) of this1974
section shall include the following legend conspicuously printed1975
or stamped in boldface type on the contract's first page and1976
immediately above the signature of the purchaser: "Purchaser1977
acknowledges that, pursuant to this contract, the developer may1978
withdraw and then use for construction and development of the1979
condominium property any deposit or down payment that the1980
purchaser makes prior to closing."1981

       (3) Deposits and down payments held in trust or escrow in1982
accordance with division (A)(1) of this section are not subject to1983
attachment, garnishment, or other legal process by creditors of 1984
the developer, agents, or the purchaser of the condominium1985
ownership interest.1986

       (B) Except in histhe capacity as a unit owner of unsold1987
condominium ownership interests, the developer or agent willshall1988
not retain a property interest in any of the common areas and1989
facilitieselements after unit owners other than the developer1990
assume control of the condominium development is assumed by the 1991
unit owners association except that, in the case ofas follows:1992

       (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 the1995
entire condominium development and except that he may retain a1996
property interest in recreational facilities furnished to unit1997
owners or to unit owners and others under a contract entered into1998
or renewed by the unit owners association after unit owners other1999
than the developer have assumed control of the association and2000
except that in.2001

       (2) In an expandable condominium property, the developer may2002
retain an interest consistent with the declaration and required2003
necessary to insure ingressensure both of the following, whether 2004
or not the condominium property is expanded to include the2005
additional property:2006

       (a) Ingress and egress, from and toover the common areas and 2007
facilities by the prospective unit owners inelements for the2008
benefit of the additional property;2009

       (b)The availability of utilities from and to the common2010
elements for the benefit of the additional property.2011

       (3) The developer may retain the right to enter upon the2012
condominium property to fulfill any warranty obligations to the2013
unit owners association or to unit owners.2014

       (C) The owners of condominium ownership interests that have2015
been sold by the developer or hisan agent willshall assume2016
control of the common areas and facilitieselements and of the2017
unit owners association as prescribed in divisiondivisions (C)2018
and (D) of section 5311.08 of the Revised Code;.2019

       (D) NeitherUnless a contract or other agreement is renewed 2020
by a vote of the unit owners exercising a majority of the voting 2021
power of the unit owners association, neither the unit owners 2022
association nor the unit owners willshall be subject to either of 2023
the following:2024

       (1) For more than ninety days subsequent to the date that the 2025
unit owners other than the developer assume control of the unit 2026
owners association, any management contract or agreement executed2027
prior to thethat assumption of control required by division (C) 2028
of this section for;2029

       (2) For more than one year subsequent to thatan assumption2030
of control unless such a contract or agreement is renewed by a 2031
vote of the unit owners pursuant to the bylaws required by section 2032
5311.08 of the Revised Code;, any other contract executed prior to 2033
that assumption of control, except for contracts for necessary 2034
utility services.2035

       (E)(1) Except as provided in division (E)(4) of this section,2036
the developer has furnished, as ashall furnish both of the 2037
following:2038

       (a) A minimum,of a two-year warranty covering the full cost2039
of labor and materials for any repair or replacement of roof and2040
structural components, and mechanical, electrical, plumbing, and2041
common service elements serving the condominium property or2042
additional property as a whole, occasioned or necessitated by a2043
defect in material or workmanship and a;2044

       (b) A one-year warranty covering the full cost of labor and2045
materials for any repair or replacement of structural, mechanical,2046
and other elements pertaining to each unit, occasioned or2047
necessitated by a defect in material or workmanship commencing.2048

       (2) The two-year warranty shall commence as follows:2049

       (1) In the case of(a) For a condominium development other2050
than an expandable condominium development, the two-year warranty2051
shall commence on the date the deed or other evidence of ownership2052
is filed for record following the sale of the first condominium2053
ownership interest in the development to a purchaser in good faith2054
for value.;2055

       (2) In the case of(b)(i) For an expandable condominium2056
development, the two-year warranty shall commence for property2057
submitted by the original declaration, on the date the deed or 2058
other evidence of ownership is filed for record following the sale 2059
of the first condominium ownership interest in the property, and 2060
forto a purchaser in good faith for value;2061

       (ii) For an expandable condominium development, for any2062
additional property submitted by amendment to the declaration, on2063
the date the deed or other evidence of ownership is filed for2064
record following the sale of the first condominium ownership2065
interest in the additional property; in either case to a purchaser2066
in good faith for value.2067

       (3) The one-year warranty for each unit shall commence on the 2068
date the deed or other evidence of ownership is filed for record 2069
following the firstdeveloper's sale and conveyance of athe2070
condominium ownership interest in the unit to a purchaser in good 2071
faith for value.2072

       (4) In the case ofThe valid assignment by the developer of2073
the express and implied warranty of the manufacturer satisfies the2074
developer's obligation under this section with respect to ranges,2075
refrigerators, washing machines, clothes dryers, hot water2076
heaters, and other similar appliances installed and furnished as2077
part of the unit by the developer, the valid assignment by the2078
developer of the express and implied warranty of the manufacturer2079
satisfies the developer's obligation under this division with2080
respect to such appliances, and the. The developer's warranty2081
under this division (E)(1)of this section is limited to the2082
installation of the appliances.2083

       (5) All warranties made to the developer that exceed time2084
periods specified in this division (E)(1)of this section with2085
respect to any part of the units ora unit shall be assigned to2086
the purchaser of that unit and warranties with respect to any part2087
of the common areas and facilitieselements shall be assigned to2088
the purchaserunit owners association.2089

       (F) The developer willshall assume the rights and2090
obligations of a unit owner in histhe developer's capacity as2091
owner of condominium ownership interests not yet sold, including,2092
without limitation, the obligation to pay common expenses2093
attaching to suchthose interests, from the date the declaration2094
is filed for record even if the construction of the units and the2095
appurtenant common elements subject to the condominium ownership2096
interests has not started or is not complete.2097

       (G) In the case of a conversion condominium development, all2098
tenants were offeredthe developer shall offer each tenant an2099
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 a2102
price that is not greater than the price at which the unit will be2103
offered to the general public for the subsequent one hundred2104
eighty-day period. The developer shall give each tenant written2105
notice of not less than one hundred twenty days prior to being2106
required to vacate the premises to facilitate the conversion or2107
intended conversion, during which time the tenant may not be2108
evicted to accommodate or facilitate the sale of any unit if the2109
tenant is not in default under the tenant's terms of tenancy. The2110
ninety-day and one hundred twenty-day notice periods may run2111
concurrently and may be waived in writing by a tenant. If two or2112
more tenants occupy a unit in a conversion condominium2113
development, the option to purchase shall be given jointly to2114
those tenants.2115

       Deposits and down payments held in trust or escrow pursuant2116
to division (A) of this section shall not be subject to attachment2117
by creditors of the developer or a purchaser.2118

       (H) Except as provided in section 5311.24 of the Revised2119
Code, no developer or agent, directly or indirectly, shall sell or2120
offer to sell a condominium ownership interest in a condominium2121
development unless the condominium instruments include a statement2122
that sets forth the requirements of this section and sections 2123
5311.26 and 5311.27 of the Revised Code.2124

       Sec. 5311.26. NoExcept as provided in section 5311.24 of2125
the Revised Code, no developer or agent, directly or indirectly,2126
shall sell or offer to sell a condominium ownership interest in a2127
residential or water slip condominium development unless hethe2128
developer or agent provides the prospective purchaser a2129
condominium development disclosure statement that discloses fully2130
and accurately to each prospective purchaser of the interest all2131
material circumstances or features affecting the development, by2132
preparing and providing to each prospective purchaserin a2133
readable and understandable written statement of such2134
circumstances or features. The statement shall not intentionally2135
omit any material fact or contain any untrue statement of a2136
material fact and shall contain all of the following:2137

       (A) The name and address of the condominium development, and2138
the name, address, and telephone number of the developer and of2139
the development manager if other than the developer, or histhat2140
manager's agent;2141

       (B) A general narrative description of the development2142
stating the total number of units, a description of the types of2143
units and price of each type of unit, the total number of units2144
that may be included in the development by reason of future2145
expansion or merger of the development, and a precise statement of2146
the nature of the condominium ownership interest that is being2147
offered;2148

       (C) A general disclosure of the following:2149

       (1) The status of construction, zoning, site plan, or other2150
governmental approvals, and compliance;2151

       (2) Compliance or notice of failure to comply with any other2152
federal, state, or local statutes or regulations affecting the2153
development, and the;2154

       (3) The actual or scheduled dates of completion of any2155
buildings, recreation facilities, and other common areas and2156
facilitieselements;2157

       (4) Whether the developer is required to construct2158
recreational facilities or other common elements;2159

       (D) The significant terms of any financing offered by or2160
through the developer to purchasers of the condominium ownership2161
interests in the development, including the name of any bank or2162
other institution involved in the financing, the minimum down2163
payment, a statement that the prospective purchaser may obtain2164
financing from another bank or institution, and the annual2165
interest rate;2166

       (E) A description of warranties for structural elements and2167
mechanical and other systems, stated separately for units and for2168
common areas and facilitieselements;2169

       (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 facilities2173
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 estimated2179
monthly cost per unit for suchthe two-year period, including all2180
of the following:2181

       (1) The formula for determining each unit's share of common2182
expenses;2183

       (2) The amount of taxes and insurance and a description of2184
the basis or formula used in arriving at these amountsthat2185
amount;2186

       (3) The dollar amount of operating and maintenance expenses;2187

       (4) The monthly cost of utilities;2188

       (5) Any other costs, fees, and assessments reasonably2189
ascertainable by the developer.2190

       (G) In the case ofFor a conversion condominium development,2191
the offering price of each unsold unit or type of unsold unit and2192
a report by the developer stating the age, the condition, and the2193
developer's opinion of the remaining useful life of structural2194
elements and mechanical and supporting systems, together with the2195
developer's estimate of repair and replacement costs projected for2196
five years from the date the property is submitted to the2197
provisions of this chapter; the.The report shall be based on2198
facts reasonably ascertainable by the developer through inspection2199
of relevant drawings and records and, to the extent permitted by2200
the physical limits of the site, by personal inspection of the2201
elements and systems; any.Any limits on the inspection shall be2202
stated in the report;.2203

       (H) A statement of significant provisions for management of2204
the condominium development, including all of the following:2205

       (1) Conditions for the formation of a unit owners2206
association;2207

       (2) The apportionment of voting rights among the members of2208
the unit owners association;2209

       (3) The contractual rights and responsibilities of the unit2210
owners association;2211

       (4) A statement advising the purchaser that the condominium2212
instruments are binding legal documents and describing how such2213
those instruments may be altered or amended by the unit owners2214
association.2215

       (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

       (J) A statement in twenty-point,conspicuous boldface type of2224
the purchaser's right to review the condominium instruments, the 2225
purchaser's right to void the contract, any conditions for the2226
return of a deposit, and a statement of the rights of purchasers2227
under section 5311.27 of the Revised Code;2228

       (K) The existence or requirement for the establishment of a2229
reserve fund to finance the cost of repair or replacement of the2230
components of the common areas and facilitieselements;2231

       (L) The significant terms of any encumberancesencumbrances,2232
easements, liens, and matters of title affecting the condominium2233
development;2234

       (M) A statement of the requirement for escrow of deposits and 2235
the right of the developer to use all or any part of these;2236

       (N) A statement of any restraints on the free alienability of 2237
all or any part of the condominium development;2238

       (O) A statement describing any present litigation concerning2239
the condominium development.2240

       Sec. 5311.27.  (A)(1) In addition to any other remedy2241
available, a contract or agreement for the sale of a condominium2242
ownership interest that is executed in violation of section2243
5311.25 or 5311.26 of the Revised Code shall be voidable by the2244
purchaser for a perioduntil the later of fifteen days after the2245
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 the2248
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) Upon the exercise of thisthe right to void the contract2253
or agreement, the developer or hisan agent shall refund fully and2254
promptly to the purchaser any deposit or other prepaid fee or item2255
and any amount paid on the purchase price, and shall pay all2256
closing costs paid by the purchaser or for which hethe purchaser2257
is liable in connection with the void sale.2258

       (B)(1) Any developer or agent who sells a condominium2259
ownership interest in violation of section 5311.25 or 5311.26 of2260
the Revised Code shall be liable to the purchaser in an amount2261
equal to the difference between the amount paid for the interest2262
and the least of the following amounts:2263

       (1)(a) The fair market value of the interest as of the time2264
the suit is brought;2265

       (2)(b) The price at which the interest is disposed of in a2266
bona fide market transaction before suit is brought;2267

       (3)(c) The price at which the unit is disposed of after suit2268
in a bona fide market transaction,after suit is brought but2269
before judgment is entered. In2270

       (2)(a)In no case shall the amount recoverable under this2271
divisionsection be less than the sum of five hundred dollars for2272
each violation against each purchaser bringing an action under2273
this divisionsection, together with court costs and reasonable2274
attorneys'attorney's fees. If2275

       (b) If the purchaser complaining of the violation of section2276
5311.25 or 5311.26 of the Revised Code has broughtbrings or 2277
maintainedmaintains an action he knewthat the purchaser knows to 2278
be groundless or in bad faith and if the developer or agent 2279
prevails, the court shall award reasonable attorneys'attorney's2280
fees to the developer or agent.2281

       (C)(1) If hethe attorney general has reason to believe that2282
substantial numbers of persons are affected and substantial harm2283
is occurring or is about to occur to suchthose persons, or that2284
the case is otherwise of substantial public interest, the attorney2285
general may do either of the following:2286

       (1)(a) Bring an action to obtain a declaratory judgment that2287
an act or practice of a developer violates section 5311.25 or2288
5311.26 of the Revised Code or the condominium instruments, or to2289
enjoin a developer who is violating or threatening to violate such2290
those sections or instruments;2291

       (2)(b) Bring a class action for damages on behalf of persons2292
injured by a developer's violation of section 5311.25 or 5311.262293
of the Revised Code or of the condominium instruments.2294

       (2)(a) On motion of the attorney general and without bond, in2295
an attorney general's action under this section, the court may2296
make appropriate orders, including,but not limited to, orders for2297
appointment of a master or a receiver, for sequestration of2298
assets, to reimburse persons found to have been damaged, or to2299
grant other appropriate relief. The court may assess the expenses2300
of a master or receiver against the developer.2301

       (b) Any moneys or property recovered by the attorney general2302
in an action under this section that cannot, with due diligence2303
within five years,cannot be restored to persons entitled to them2304
shall be unclaimed funds reportable under Chapter 169. of the2305
Revised Code.2306

       (c) No action may be brought by the attorney general under2307
this section to recover for a transaction more than two years2308
after the occurrence of a violation.2309

       (d) If a court determines that provision has been made for2310
reimbursement or other appropriate corrective action, insofar as2311
practicable, with respect to all persons damaged by a violation,2312
or in any other appropriate case, the attorney general, with court2313
approval, may terminate enforcement proceedings brought by himthe2314
attorney general upon acceptance of an assurance from the2315
developer of voluntary compliance with sections 5311.25 and2316
5311.26 of the Revised Code or with the condominium instruments,2317
with respect to the alleged violation. The assurance shall be2318
filed with the court and entered as a consent judgment. A consent2319
judgment is not evidence of prior violation of suchthose2320
sections. Disregard of the terms of a consent judgment entered2321
upon an assurance shall be treated as a violation of an injunction2322
issued under this section.2323

       (D) Nonmaterial errors and omissions in the disclosure2324
statements required by sections 5311.25 and 5311.26 of the Revised2325
Code shall not be actionable in a civil action otherwise2326
authorized by this section if the developer or agent has attempted2327
in good faith to comply with the disclosure requirements and if2328
the developer or agent has substantially complied with those2329
requirements.2330

       Sec. 5721.35.  (A) Upon the sale and delivery of a tax2331
certificate, suchthe tax certificate vests in the certificate 2332
holder the first lien previously held by the state and its taxing2333
districts under section 5721.10 of the Revised Code for the amount2334
of taxes, assessments, interest, and penalty charged against a2335
certificate parcel, superior to all other liens and encumbrances2336
upon the parcel described in the tax certificate, in the amount of2337
the certificate redemption price, except liens for delinquent2338
taxes, assessments, penalties, interest, charges, and costs that2339
attached to the certificate parcel prior to the attachment of the2340
lien being conveyed by the sale of such tax certificate. With2341
respect to the priority as among such first liens of the state and2342
its taxing districts for different years, the priority shall be2343
determined by the date such first liens of the state and its2344
taxing districts attached pursuant to section 323.11 of the2345
Revised Code, with first priority to the earliest attached lien2346
and each immediately subsequent priority based upon the next2347
earliest attached lien.2348

       (B)(1) A certificate holder may record the tax certificate or2349
memorandum thereof in the office of the county recorder of the2350
county in which the certificate parcel is situated, as a mortgage2351
of land under division (B)(A)(2) of section 317.08 of the Revised2352
Code.. The county recorder shall index the certificate in the2353
indexes provided for under section 317.18 of the Revised Code. If2354
the lien is subsequently canceled, the cancellation also shall be2355
recorded by the county recorder.2356

       (2) Notwithstanding Chapter 1309., Title LIII, or any other2357
provision of the Revised Code, a secured party holding a security2358
interest in a tax certificate or memorandum thereof may perfect2359
that security interest only by one of the following methods:2360

       (a) Possession;2361

       (b) Registering the tax certificate with the county treasurer 2362
in the name of the secured party, or its agent or custodian, as 2363
certificate holder;2364

       (c) Recording the name of the secured party in the2365
certificate register in the office of the county treasurer of the2366
county in which the certificate parcel is situated.2367

       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, and2372
5721.35 and sections        Sec. 5311.01. ,        Sec. 5311.15. , and        Sec. 5311.241.  of the Revised 2373
Code are hereby repealed.2374