Ohio HOA laws & resources.

Laws & regulations impacting Ohio associations.

In addition to state-law regulations, the federal government has laws that govern the operation and management of common-interest communities in Ohio.

• Ohio's civil rights and fair housing laws are established under the Ohio Civil Rights Commission Law, O.R.C. Chapter 4112 — the statute that creates and empowers the Ohio Civil Rights Commission to enforce them. It prohibits housing discrimination based on race, color, religion, sex, military status, familial status, ancestry, disability, or national origin. O.R.C. § 4112.02. The law extends the protections provided under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) at the state level. Victims of housing discrimination can file a complaint with the Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in federal district court within two (2) years of the discriminatory act.
• Prohibited debt collector communications and conduct, O.R.C. § 1321.45, regulates debt collection at the state level and contains provisions similar to the federal Fair Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Victims of harassment or unfair collection practices can report a debt collector to the state's Attorney General's Office, the FTC, or the CFPB. Victims may also file a lawsuit against a debt collector in state or federal court within one year from the date of the violation, under the FDCPA.
• The Ohio Nonprofit Corporation Law, O.R.C. § 1702.01, et seq., governs non-profits with regard to corporate structure and procedure. If an association is a non-profit — as is the case with most Ohio associations — it will be governed by the Ohio Nonprofit Corporation Law. Visit the Ohio Secretary of State to search an association's corporate status and view its articles of incorporation.
• The Ohio Condominium Property Act, O.R.C. § 5311, et seq., regulates the formation, management, powers, and operation of condominiums in Ohio.
• The Ohio Planned Community Law, O.R.C. § 5312.01, et seq., governs the formation, management, powers, and operation of planned communities in Ohio. The Act requires that every association record a declaration and bylaws with the office of the recorder of the county in which the association is located. O.R.C. § 5312.02.

Federal & state government agencies.

• The U.S. Department of Housing and Urban Development (HUD) is responsible for enforcing the federal Fair Housing Act (FHA), which, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.
  Recommended reading
  • Joint Statement of HUD and DOJ, Reasonable Accommodations under the Fair Housing Act (2004)
  • Joint Statement of HUD and DOJ, Reasonable Modifications under the Fair Housing Act (2008)
  • Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020)
  • Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners (2005)
• The U.S. Department of Justice, Civil Rights Division enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
  Recommended reading
  • Frequently Asked Questions about Service Animals and the ADA
  • ADA Revised Requirements: Service Animals
• The Consumer Financial Protection Bureau (CFPB) is the primary federal agency responsible for enforcing the federal Fair Debt Collection Practices Act (FDCPA) and the Servicemembers Civil Relief Act (SCRA).
• The Ohio Government Portal — search for government information by topic and agency.
• The Ohio Department of Commerce — oversees real estate and professional licensing in the state.
• The Ohio Civil Rights Commission — enforces the state's laws against discrimination, including in housing.
• The Ohio Legislature — search for your state representative and the legislation (statutory law) database.
• The Ohio Attorney General — the office of the attorney general plays an important role in protecting the state's citizens, including through its consumer-protection laws.

Statutes, courts & legal help.

• The Ohio Revised Code (ORC) — access the general laws of the state of Ohio. The Revised Code contains all of the current statutes of the state.
  Within the Revised Code
  • Real Property — ORC, Title 53 (includes the Condominium Property Act and the Planned Community Law).
• The Ohio Administrative Code (OAC) — access the rules adopted by government agencies of the state of Ohio.
• The Ohio State Bar Association — access a lawyer directory, lawyer-referral service, free or low-cost legal services, and records to determine whether a lawyer is in good standing, verify malpractice insurance, or file a complaint.
• The Supreme Court of Ohio & the Ohio Judicial System — access court information, documents, rules, legal opinions, court cases, self-help services, and lawyer-referral services.
• Ohio Legal Help — provides legal-help information, self-help tools, and connections to local legal and community resources.