Know Your LawOH
Which Ohio Laws Govern Your HOA or Condo?
By The HOARebel Team · June 1, 2026 · 2 min read
Ohio homeowners in planned communities have a real statute working for them — and it applies broadly. Understanding which Act covers your community is the starting point. For your specific situation, a licensed Ohio attorney is the right resource. This is general information, not legal advice.
Planned communities: the Planned Community Act (ORC ch. 5312)
Ohio's Planned Community Act, ORC ch. 5312, is the primary statute for traditional subdivision HOAs. Its scope is broad: § 5312.02 states that "any planned community in this state is subject to this chapter." The Act defines a planned community by reference to recorded declarations creating an association and common elements. Key provisions include:
- Administration — § 5312.03 (owners association and board); § 5312.04 (annual meetings, elections, notice)
- Records access — § 5312.07 (owner's right to examine and copy books, records, and minutes)
- Individual lot assessments — § 5312.11 (written notice and hearing right before fines and enforcement assessments)
- Assessment lien — § 5312.12 (certificate of lien filed with county recorder; 5-year validity; priority over subsequent liens)
- Solar devices — § 5312.16 (restrictions on solar energy systems)
Condominiums: the Condominium Property Act (ORC ch. 5311)
If you own a condominium, Ohio's Condominium Property Act (ORC ch. 5311) governs instead of ch. 5312. The two acts have parallel structures but distinct rules — a licensed Ohio attorney can explain how the condo-specific framework differs.
The Nonprofit Corporation Law as backstop (ORC ch. 1702)
Most Ohio associations are incorporated as nonprofits. The Ohio Nonprofit Corporation Law (ORC ch. 1702) is expressly cross-referenced in § 5312.03(B) for organizational matters, and it supplies fiduciary duties and internal governance requirements that supplement the Planned Community Act.
How the layers fit
- The governing documents — the recorded declaration, bylaws, and rules. The Act sets a floor; documents can add but cannot subtract statutory owner rights.
- The Planned Community Act (ORC ch. 5312) for planned communities — or the Condominium Property Act (ORC ch. 5311) for condominiums.
- The Nonprofit Corporation Law (ORC ch. 1702) for incorporated associations.
- Federal law — Fair Housing Act, ADA, SCRA, OTARD, Flag Act.
From records to fines to the assessment lien, the Planned Community Act is the starting point for most Ohio homeowner questions.