Ohio Amendment to Unit Designation to include Additional Lands and Leases in A Unit
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FAQ
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.
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.
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. § 5311, et seq.: The Act regulates the formation, management, powers, and operation of condominiums in Ohio.
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.
(A) "Real property," "realty," and "land" include land itself, whether laid out in town lots or otherwise, all growing crops, including deciduous and evergreen trees, plants, and shrubs, with all things contained therein, and, unless otherwise specified in this section or section 5701.03 of the Revised Code, all ...
Personal Liability. As volunteers, directors are protected from personal liability through the governing documents and various laws provided they meet certain standards. See "Protections Against Liability."
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.
