Ohio Certificate for Lien Against Condominium Unit for Non-payment of Common Expenses
Definition and meaning
The Ohio Certificate for Lien Against Condominium Unit for Non-payment of Common Expenses is a formal document used by condominium owners associations to assert their right to collect unpaid common expenses from unit owners. This form serves as a legal notice that a lien has been placed on the condominium unit due to the owner's failure to pay their share of expenses related to the maintenance and operation of shared property. A lien is a legal claim against an owner's property that secures the payment of a debt or obligation.
How to complete a form
Completing the Ohio Certificate for Lien is a structured process that requires specific information:
- Identify the unit owners association and the relevant condominium name.
- Fill in the details regarding the owners, including their names and unit numbers.
- State the total amount owed, including common expenses, attorney fees, and further costs associated with filing.
- Ensure that the form is signed by an authorized representative of the unit owners association.
- Obtain notarization to validate the document before submission.
Who should use this form
This form should be used by the board of managers or authorized representatives of a condominium unit owners association in Ohio. It is specifically intended for situations where unit owners have failed to meet their financial obligations concerning common expenses, which may include maintenance costs, utilities, or other shared expenditures. Utilizing this form is essential for protecting the financial interests of the association and ensuring collective upkeep of the condominium.
Key components of the form
The Ohio Certificate for Lien contains several critical components that must be accurately filled out:
- Affiant's Information: The name and role of the individual making the claim on behalf of the association.
- Ownership Details: Description of the condominium unit, including the unit number and physical address.
- Amount Owed: Detailed summary of unpaid common expenses, including a breakdown of associated fees.
- Lien Claim Statement: A declaration that a lien is being placed in accordance with relevant Ohio laws.
State-specific requirements
As Ohio has particular laws governing the establishment of liens on condominium units, it is necessary to comply with Ohio Revised Code Section 5311.18. This legislation outlines the specific procedures and guidelines for liens related to non-payment of common expenses. Associations must ensure they fulfill all requirements, including proper notice to the unit owners and adherence to filing deadlines, to maintain the validity of the lien.
Common mistakes to avoid when using this form
When completing the Ohio Certificate for Lien, be cautious of common pitfalls that could invalidate the claim:
- Inaccurate or missing unit owner information.
- Failure to correctly calculate the total amount owed.
- Neglecting to have the document notarized.
- Inadequate explanation of the lien claim and the legal grounds.
What to expect during notarization or witnessing
During the notarization process, the signer of the Ohio Certificate for Lien must appear in person before a licensed notary public. The individual will need to provide identification to verify their identity. The notary will then sign and stamp the document, confirming that the individual was sworn in and that the signature is valid. It is important that all parties understand the significance of notarization — it adds a layer of authenticity to the form, ensuring it meets legal standards for filing.
