Ohio Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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US-01120BG
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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If an association is a non-profit, as is the case with most Ohio associations, it it will be governed by the Ohio Nonprofit Corporation Law. Visit the Ohio Secretary of State to search an association's corporate status, and view the articles of incorporation. Ohio Condominium Property Act, O.R.C.

Ohio is not a super lien state, so you would think that if the HOA foreclosed, the senior mortgages would be subject to the foreclosure. Unfortunately, this was not the case. When the HOA foreclosed, the judge ordered that the mortgages also be discharged from the property.

Yes. Both the HOA itself and any owner have the right to bring a civil suit to enforce compliance with the declaration, bylaws, and association rules. O.R.C.

If a board member has committed, for example, embezzlement, an owner or another board member may file suit against them because that action would be a breach of their fiduciary duty ? but what many do not know is that if there is no breach of duty, individual board members cannot be held liable.

In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the unit owners association by statute or otherwise, the unit owners association may sue or be sued as a separate legal entity.

The Ohio Condominium Act (Ohio Revised Code 5311) was updated in 2004 and includes language requiring condominium associations to make an annual reserve contribution. Board members for condominium associations have since had to navigate vague and confusing language concerning the annual reserve requirement.

If an HOA owes you $10,000 or less, then you can sue in a California small claims court. If you are owed more than $10,000, you can still sue in small claims, but you agree to waive any additional amount you are owed.

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Ohio Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees