Where Do HOAs Get Their Authority?

A homeowners' association or condominium association derives its power from its governing documents — including a declaration and bylaws recorded in the county land records — and from the state statutes that authorize community associations. In Ohio, homeowners and condominium associations are authorized by the Ohio Planned Community Law and the Ohio Condominium Property Act, enacted as Chapters 5312 and 5311 of the Ohio Revised Code, respectively.

The two statutes are similar in their overall framework, though the condominium statute goes into greater detail on association powers and restrictions. Ohio associations are afforded considerable flexibility, but if there is ever a conflict between an association's declaration or bylaws and state law, the statute takes precedence.