Ohio Condominium Act — Powers and Duties of Board

Section 5311.081 | Powers and duties of board of directors. Effective: September 13, 2022 Latest Legislation: Senate Bill 61 - 134th General Assembly PDF: Download Authenticated PDF (A) The unit owners association, through the board of directors, shall do both of the following: (1) Annually, adopt and amend an estimated budget for revenues and expenditures. The budget shall include reserves in an amount adequate to repair and replace major capital items in the normal course of operations without the necessity of special assessments, unless either of the following applies: (a) The declaration or bylaws include language limiting the ability of the board of directors to increase assessments for common expenses without a vote of the unit owners; (b) The unit owners, exercising not less than a majority of the voting power of the unit owners association, waive the reserve requirement in writing annually. (2) Collect assessments for common expenses from unit owners. (B) Unless otherwise provided in the declaration, the unit owners association, through the board of directors, may exercise all powers of the association, including the power to do the following: (1) Hire and fire managing agents, attorneys, accountants, and other independent contractors and employees that the board determines are necessary or desirable in the management of the condominium property and the association; (2) Commence, defend, intervene in, settle, or compromise any civil, criminal, land use planning, or administrative action or proceeding that is in the name of, or threatened against, the unit owners association, the board of directors, or the condominium property, or that involves two or more unit owners , impacts zoning, or otherwise relates to matters affecting the condominium property; (3) Enter into contracts and incur liabilities relating to the operation of the condominium property; (4) Regulate the use, maintenance, repair, replacement, modification, and appearance of the condominium property; (5) Adopt rules that regulate the use or occupancy of units, the maintenance, repair, replacement, modification, and appearance of units, common elements, and limited common elements when the actions regulated by those rules affect common elements or other units; (6) Cause additional improvements to be made as part of the common elements; (7) Purchase, encumber, and convey units, and, subject to any restrictions in the declaration or bylaws and with the approvals required by division (H)(2) or (3) of section 5311.04 of the Revised Code, acquire an interest in other real property and encumber or convey that interest. All expenses incurred in connection with the acquisition, encumbrance, use, and operation of that interest are common expenses. (8) Acquire, encumber, and convey or otherwise transfer personal property; (9) Hold in the name of the unit owners association the real property and personal property acquired pursuant to divisions (B)(7) and (8) of this section; (10) Grant easements, leases, licenses, and concessions through or over the common elements; (11) Impose and collect fees or other charges for all of the following: (a) The use, rental, or operation of the common elements; (b) Services provided to unit owners; (c) To the …

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