Ohio HOA fine rules

"Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge or assessment, if such an opportunity to cure is applicable" (Ohio Rev. Code § 5312.11(C)). As to delivery, "Any written notice that this section requires shall be delivered to the owner or any occupant of the dwelling unit by personal delivery, by certified mail, return receipt requested, or by regular mail" (§ 5312.11(D)(5)).

"A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge or assessment, if such an opportunity to cure is applicable" (Ohio Rev. Code § 5312.11(C)(5)). The notice must state a cure date only for a continuing violation and only where an opportunity to cure applies; the statute fixes no number of days and leaves the date to be a reasonable one.

Ohio Rev. Code § 5312.11(D) — "To request a hearing, the owner shall deliver a written notice to the board not later than the tenth day after receiving the notice this division requires. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board immediately may impose a charge for damages or an enforcement assessment pursuant to this section" (§ 5312.11(D)(1)). "If an owner requests a hearing, at least seven days prior to the hearing the board shall provide the owner with a written notice that includes the date, time, and location of the hearing" (§ 5312.11(D)(2)). "The board shall not levy a charge or assessment before holding any hearing requested pursuant to this section" (§ 5312.11(D)(3)). "Within thirty days following a hearing at which the board imposes a charge or assessment, the owners association shall deliver a written notice of the charge or assessment to the owner" (§ 5312.11(D)(4)). The right to a hearing is also part of what the pre-fine notice must disclose (§ 5312.11(C)(3)-(4)).

Ohio Rev. Code ch. 5312 sets no dollar cap on a fine, which the statute calls an "enforcement assessment". The chapter permits the association to assess a lot for "Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration" (Ohio Rev. Code § 5312.11(A)(1)), so the amount and the grounds come from the recorded declaration. What the chapter regulates instead is procedure: the pre-fine notice must state "The amount of the proposed charge or assessment" (§ 5312.11(C)(2)) along with "A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment" (§ 5312.11(C)(3)), and "The board shall not levy a charge or assessment before holding any hearing requested pursuant to this section" (§ 5312.11(D)(3)).

"Unless otherwise prohibited by this section, any owner may examine and copy the books, records, and minutes of the owners association that division (C) of section 5312.06 of the Revised Code describes, pursuant to reasonable standards set forth in the declaration, bylaws, or rules the board promulgates. The standards may include, but are not limited to, standards governing the type of documents that are subject to examination and copying, the times and locations at which those documents may be examined or copied, and the specification of a reasonable fee for copying the documents" (Ohio Rev. Code § 5312.07(A)). Division (B) requires board approval before an owner may examine or copy records dated more than five years before the request, or records falling in listed categories that include communications with legal counsel and attorney work product concerning pending or contemplated litigation, information from contracts under negotiation or subject to confidentiality provisions, and information relating to enforcement of the declaration, bylaws or rules against other owners.