HOA Enforcement in Ohio: What Board Members Legally Can and Can’t Do

Enforcing community rules is a core responsibility for HOA and condo boards. In Ohio, boards have the authority to issue fines, but only when enforcement follows the law.  In this article and video, Attorney Rachel Kuhn breaks down how enforcement assessments (fines) work for Ohio condominium and homeowners’ associations. You’ll learn what notices must include, how hearings work, and what to do if fines aren’t enough.  

Board Enforcement Powers

Condominium and homeowners’ association Boards are tasked with numerous powers and duties.  One of these duties that I am asked about the most is the power to enforce the Declaration, Bylaws and Rules of the Association against non-compliant owners.   Board members often ask whether they can “fine” owners who are not following the rules.  The short answer to that question is yes.  

Legal Authority for Enforcement in Ohio 

In Ohio, a board’s specific enforcement authority will be set forth in the association’s governing documents, as well as in either R.C. 5311.081 (for condominiums) or 5312.11 (for homeowners associations).  These two provisions set forth a very specific procedure that must be followed properly, in order to take action against an owner. 

Required Notice Before Imposing a Fine 

Prior to imposing a charge for damages or an enforcement assessment (the legal term of “fine”), the Board shall give owners a written notice.  This written notice must include: 

• A description of the property damage or violation; 

• The amount of the proposed charge or assessment; 

• A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment, and the procedures to request a hearing; 

• A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment.  

Owner’s Right to a Hearing 

If the owner does not request a hearing within ten days of receiving the notice, their right to a hearing is waived, and the Board may immediately impose the damages or enforcement assessment on their account. 

If the owner requests a hearing within ten days after receiving the notice, charges may not be imposed prior to the hearing. The Board must schedule a hearing (and provide notice to the owner), hold the hearing, and then provide the owner with the Board’s decision.  

Consequences of Not Following Procedure 

If these procedures are not followed, it gives the owner grounds to challenge the enforcement assessment, regardless of how clear-cut their violation may be. 

Setting Reasonable Enforcement Assessments 

Generally, the amount of the enforcement assessment is up to the Board’s discretion, but it should be reasonable.  It is a good practice to adopt an enforcement policy and procedure that can be distributed to all owners and followed. This helps avoid accusations of selective enforcement.   

Next Steps When Fines Don’t Work 

If imposing enforcement assessments on the owner does not achieve compliance, the Board should seek advice of legal counsel as to the next step. In some cases, the Board may be able to enter onto the owner’s property and address the violation.  Often, a letter from an attorney can help achieve compliance.  If not, a lawsuit can be filed against the owner for not only compliance, but payment of all enforcement assessments and other charges.  In most cases, the non-complying owner is also responsible for all of the Association’s legal fees. 

Need Help with Enforcement? 

If your Board needs assistance in putting together an enforcement policy that complies with your Declaration, Bylaws and Ohio law, or is in need of guidance in taking enforcement action against an owner, please contact my office. I’m happy to help. 

About the Author

Attorney Rachel Kuhn is a seasoned real estate and litigation attorney with over ten years of experience representing clients in property disputes, zoning matters, and nonprofit governance. Rachel is dedicated to delivering practical legal solutions to individuals, businesses, and organizations throughout Northeast Ohio. Learn more about Rachel Kuhn. 

This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For personalized guidance, please consult with a licensed Ohio attorney