Ohio Condominium Act — Unit Owners Association

Section 5311.08 | Unit owners association. Effective: September 13, 2022 Latest Legislation: Senate Bill 61 - 134th General Assembly PDF: Download Authenticated PDF (A)(1) Every condominium property shall be administered by a unit owners association. All power and authority of the unit owners association shall be exercised by a board of directors, which the unit owners shall elect from among the unit owners or the spouses of unit owners. If a unit owner is not an individual, that unit owner may nominate for the board of directors any principal, member of a limited liability company, partner, director, officer, or employee of that unit owner. The majority of the board shall not consist of unit owners or representatives from the same unit unless authorized by a resolution adopted by the board of directors prior to the board majority being comprised of owners or representatives from the same unit. (2) The board of directors shall elect a president, secretary, treasurer, and other officers that the board may desire. (3) Unless otherwise provided in the declaration or the bylaws, all meetings of the unit owners association are open to the unit owners, and those present in person or by proxy when action is taken during a meeting of the unit owners association constitute a sufficient quorum. (4)(a) A meeting of the board of directors may be held by any method of communication, including electronic or telephonic communication provided that each member of the board can hear, participate, and respond to every other member of the board. (b) In lieu of conducting a meeting, the board of directors may take action with the unanimous written consent of the members of the board. Those written consents shall be filed with the minutes of the meetings of the board. (B) Except as provided in division (A)(1) of this section, the unit owners association shall be governed by bylaws. No modification of or amendment to the bylaws is valid unless it is set forth in an amendment to the declaration, and the amendment to the declaration is filed for record. Unless otherwise provided by the declaration, the bylaws shall provide for the following: (1)(a) The election of the board of directors of the unit owners association; (b) The number of persons constituting the board; (c) The terms of the directors, with not less than one-fifth to expire annually; (d) The powers and duties of the board; (e) The compensation of the directors; (f) The method of removal of directors from office; (g) The election of officers of the board; (h) Whether or not the services of a manager or managing agent may be engaged. (2) The time and place for holding meetings; the manner of and authority for calling, giving notice of, and conducting meetings; and the requirement, in terms of undivided interests in the common elements, of a quorum for meetings of the unit owners association; (3) By whom and the procedure by which maintenance, repair, and replacement of the common elements may be authorized; (4) …

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