Ohio HOA Collections & Liens

Section 1: Overview — How assessment collection and liens work in Ohio

Two state statutes govern HOA assessment collections in Ohio — the Condominium Property Act (ORC Chapter 5311) for condos, and the Planned Community Law (ORC Chapter 5312) for subdivisions — and both share the same fundamental rule about liens: an association's lien doesn't take effect until the association records a certificate of lien at the county recorder's office. The statutory entitlement attaches once any portion of a charge sits unpaid for ten days, but the lien is "effective on the date that a certificate of lien is filed for record" in the county where the property sits.^1,2 Ohio grants no super-priority: the association lien ranks behind real estate tax liens, political-subdivision assessments, and first mortgages recorded before the certificate — with no carve-out ahead of the mortgage.^1,2 Foreclosure takes one path only — a judicial action in the Court of Common Pleas, handled just like a mortgage foreclosure.^1,2 Ohio sets no minimum dollar amount and no minimum months of delinquency before an association may foreclose; the ten-day default opens the door to a recordable lien, and a recorded lien can be foreclosed.^1,2 That puts Ohio in a specific category — threshold-free, judicial-only, no super-priority — unlike Nevada's nine-month super-priority or Colorado's six-month CCIOA super-lien, and unlike threshold-restricted states such as California (which bars foreclosure below $1,800 or 12 months) and Arizona.^3,4,5 The sections that follow set out the lien, its priority, and the full collection-to-sale sequence.

Ohio HOA Collections & Liens at a glance

Source: ORC §§ 5311.18, 5312.12, 5311.081, 5312.11, 2329.33. Last verified: June 9, 2026.

Section 2: The lien and its priority

2A. Lien creation, authority, and what it secures

For condominiums, ORC § 5311.18(A)(1) gives the unit owners association a continuing lien on the owner's unit and its appurtenant interest in the common elements for expenses unpaid ten days after any portion becomes due.¹ For planned communities, ORC § 5312.12(A) gives the owners association a lien on the lot for any assessment or charge levied under § 5312.11 that remains unpaid ten days after it falls due.² In both chapters, the lien is "effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties" where the property sits.^1,2 The certificate must describe the unit or lot, name the record owner, and state the unpaid amount; the association's president or other designated representative must sign it, and the board of directors must authorize the recording.^1,2 There is no statutory deadline to file, but the lien is valid for five years from the filing date — unless released, satisfied, or discharged by court order sooner.^1,2

What the lien secures is broad. Under § 5311.18(A)(1), it covers unpaid common expenses plus interest, administrative late fees, enforcement assessments, collection costs, attorney's fees, and paralegal fees — as long as the declaration, bylaws, or rules authorize them.¹ Section 5312.12(A) lists the same recoverable categories for lots.² Senate Bill 61 (2022) made the condominium lien a "continuing" lien that automatically adjusts as new charges accrue, so an association no longer needs to record a fresh certificate each time the balance grows; the planned-community lien has carried continuing-lien language since the chapter's enactment in 2010.^9,2 The lien reaches only the owner's unit or lot and its appurtenant common-element interest — not the owner's other property.^1,2

2B. Lien priority and any super-priority component

Priority is the most consequential question on this page, and Ohio answers it clearly. Under § 5311.18(B)(1), the condominium lien is "prior to any lien or encumbrance subsequently arising or created except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that have been filed for record."¹ Section 5312.12(B)(4) states the planned-community rule in nearly identical terms, carving out tax liens, political-subdivision assessments, and "liens of first mortgages that have been filed for record prior to the recording of the lien."² The practical result: the association lien follows first-in-time priority against most encumbrances, but sits junior to a first mortgage recorded before the certificate of lien and to government tax and assessment liens.

Ohio recognizes no super-priority. There is no limited-priority portion that leaps ahead of the first mortgage — unlike Nevada, where NRS 116.3116(2)(b) gives the association lien priority over a first security interest for the assessments that would have come due in the nine months before a notice of default, or Colorado, where the CCIOA super-lien under Colo. Rev. Stat. § 38-33.3-316(2)(b) covers up to six months of assessments ahead of a senior lender.^3,4 An association that forecloses its lien in Ohio takes the property subject to a senior first mortgage; that sale generally will not extinguish the mortgage.^1,2 Mechanics' liens are governed separately under ORC Chapter 1311 and rank by their own first-in-time rules, not by any association preference. The single clause practitioners should quote: the association lien is subordinate to real estate tax liens, political-subdivision assessments, and prior-recorded first mortgages, and is prior only to encumbrances arising after the certificate of lien is recorded.^1,2

2C. CC&R interaction, corporate-law overlay, and federal overlay

The recorded declaration and bylaws supplement the statute and often supply the operative collection terms. Both chapters open the lien provision with "unless otherwise provided by the declaration or the bylaws," so governing documents may vary aspects of the lien — and the recoverable interest, late fees, and attorney's fees must have authorization in the declaration, bylaws, or rules to be included.^1,2 What governing documents cannot do is manufacture a priority position the statute denies; they cannot vault the association ahead of a prior-recorded first mortgage or a tax lien.

The underlying assessment debt is subject to Ohio's contract statute of limitations. Under ORC § 2305.06, an action on a written agreement must be brought within six years of accrual — shortened from eight years by Senate Bill 13, which took effect in June 2021; claims on unwritten obligations carry a four-year period under § 2305.07.^10,11 Because declarations and bylaws are written instruments, assessment obligations they create are generally treated as written-contract claims.

Three federal frameworks apply on top of the Ohio scheme regardless of state law. The Fair Debt Collection Practices Act can reach associations and, in particular, their attorneys and outside collection agents who qualify as debt collectors, governing dunning communications and validation notices. The automatic stay under the Bankruptcy Code halts collection, lien recording, and foreclosure the moment an owner files. The Servicemembers Civil Relief Act restricts default judgments and foreclosure against active-duty servicemembers.

Section 3: The collection and foreclosure process

3A. Pre-lien collection sequence

For ordinary unpaid common-expense assessments, Ohio imposes no statutory pre-lien notice and no waiting period beyond the ten-day default. Once any portion sits unpaid for ten days, the statutory lien right exists and the board may authorize recording a certificate of lien.^1,2 Any demand letter, late notice, or itemized statement an association sends before recording is generally a creature of the declaration, bylaws, or rules — not of Chapters 5311 or 5312 — and FDCPA validation requirements may apply to those communications when a debt collector sends them. This applies to both condominiums and planned communities.

A statutory notice-and-hearing sequence does apply, but only to enforcement assessments (fines) and charges for damage — not to regular assessments. For condominiums, ORC § 5311.081(C) requires the board, before imposing such a charge, to give written notice stating the violation or damage, the proposed amount, the owner's right to a hearing, the procedure to request one, and a reasonable cure date.⁶ The owner has until the tenth day after receiving notice to request a hearing; if requested, the board must give at least seven days' written notice and may not levy the charge before the hearing; within thirty days after the hearing, the association must deliver written notice of the charge.⁶ ORC § 5312.11 runs a parallel sequence for planned communities.⁷ Ohio law does not require an association to offer a payment plan before recording a lien, though owners frequently negotiate one.

3B. Recording and the pre-foreclosure sequence

Recording is the act that creates the effective lien. The association files a certificate of lien with the recorder of the county where the unit or lot sits; the certificate must describe the property, name the record owner, and state the unpaid amount; the association's president or designated representative must sign it, and the board must authorize it.^1,2 This applies to both chapters. There is no statutory filing deadline, but the recorded lien is valid for five years.^1,2

Ohio imposes no assessment-specific notice of intent to foreclose. Once the lien is recorded, the association proceeds under the ordinary judicial-foreclosure framework: it files a complaint in the Court of Common Pleas, serves the owner, and the owner has 28 days to answer. The statute requires that foreclosure be brought "on behalf of the unit owners association as authorized by the board of directors" (§ 5311.18(B)(1)) or "by the owners association" (§ 5312.12(B)(4)), so board authorization is a statutory prerequisite.^1,2 Some Common Pleas courts require or offer foreclosure mediation under their local rules and Rule of Superintendence 16 — an ADR step that is court-imposed rather than dictated by Chapters 5311 or 5312.

3C. Foreclosure mechanics and thresholds

Foreclosure of an association lien is judicial only. There is no power of sale and no non-judicial track; the lien "may be foreclosed in the same manner as a mortgage on real property" in an action in the Court of Common Pleas — for both condominiums and planned communities.^1,2 Ohio sets no minimum dollar threshold and no minimum number of months of delinquency before the association may foreclose; the only statutory timing gate is the ten-day default that gives rise to the lien.^1,2

Fines — in the form of enforcement assessments — can support the lien and a foreclosure: both § 5311.18(A) and § 5312.12(A) expressly include "enforcement assessments" among the secured amounts, so a properly noticed and imposed fine is foreclosable on the same footing as unpaid common expenses.^1,2 After judgment, the property is appraised and sold at a sheriff's sale — or by a private selling officer — and the property cannot sell for less than two-thirds of its appraised value under ORC §§ 2329.17 and 2329.20.¹² Notice of sale is published once a week for three consecutive weeks under ORC § 2329.26.¹³ An association-commenced foreclosure typically runs several months from filing to confirmed sale, and during the action the association may seek appointment of a receiver to collect rent, which is applied first to common expenses accruing during the case.^1,2

3D. Post-sale: redemption, deficiency, surplus, reinstatement

Ohio's redemption right runs only until the court confirms the sheriff's sale — not a long post-sale window. Under ORC § 2329.33, the debtor may redeem "at any time before the confirmation" by depositing the judgment amount, costs, and interest with the clerk; once the court confirms the sale, the right to redeem ends permanently.⁸ Because the sheriff may take up to 60 days to report the sale and the court typically confirms within roughly 30 days after that, the practical redemption window varies — but it closes at confirmation.⁸ There is no statutory post-sale redemption period.

A deficiency judgment is available against the former owner under ORC § 2329.08; the lender or association generally has two years following confirmation to collect on it, and the two-thirds-of-appraised-value floor limits the size of any deficiency.^14,12 Surplus proceeds — the funds remaining after senior liens and the foreclosing claim are paid — are distributed to junior lienholders in priority order and then to the former owner; ORC § 2329.44 requires the clerk to notify a former owner of a surplus of at least $100.¹⁵ An owner may halt the process by paying the full arrears — and statutory interest and costs — at any point before confirmation, which is the functional reinstatement right in Ohio's judicial system; Chapters 5311 and 5312 do not create a separate statutory cure period of their own.⁸

Section 4: Recent legislative and judicial activity

Recent Legislation

Ohio's legislative activity on HOA collections has been quiet — but not entirely still. The most significant recent change tightened the mechanics of the assessment lien itself, while a separate proposal to add a six-month priority position cleared committee but ran out of runway before the session ended.

Recent Court Rulings

Ohio's appellate courts have recently addressed two situations that test the limits of the foreclosure framework — one on what a condominium association must prove to obtain a foreclosure decree, and one on what happens when a mortgagee tries to recoup dues it advanced after the foreclosure decree is already entered.

Active Legislative Debates

The association "super-lien" concept remains actively contested in Ohio. A six-month priority-lien bill has been introduced and reintroduced across several General Assemblies — most recently as HB 572 in the 135th — without passing. Community-association advocates continue to seek a sponsor to reintroduce it, alongside separately floated proposals on mandatory reserve studies and political-sign rights.¹⁶

Section 5: National positioning and related coverage

Ohio holds a specific position in the national landscape: no super-priority, judicial-only foreclosure, and no minimum debt or delinquency thresholds. It does not grant the limited priority that defines super-priority states such as Nevada, where the lien under NRS 116.3116(2)(b) is prior to a first security interest for the nine months of assessments preceding a recorded notice of default, or Colorado, where the CCIOA super-lien under Colo. Rev. Stat. § 38-33.3-316(2)(b) covers up to six months of assessments ahead of a senior lender.^3,4 Nor does Ohio impose the dollar or duration floors that threshold-restricted states use to bar foreclosure on small or short delinquencies: California's Civil Code § 5720 bars foreclosure unless the delinquent assessments reach $1,800 (excluding fees and interest) or exceed 12 months of delinquency, and Arizona's A.R.S. § 33-1807, as amended by SB 1494 effective September 26, 2025, bars planned-community foreclosure unless the owner is delinquent 18 months or owes $10,000 or more.^5,19 An Ohio association can record a lien once a charge is ten days late and foreclose on the recorded lien without meeting any minimum.^1,2

At the same time, Ohio is more structured than pure CC&R-primary states because Chapters 5311 and 5312 supply an express statutory lien, recording mechanism, and foreclosure path. For multi-state operators, the practical lesson is clear: the collection sequence and foreclosure economics differ enough between states that a notice or process valid in one state can be defective or even barred in another. Templates must be state-specific. Ohio's direction of travel is largely static on priority, with periodic but so far unsuccessful pushes to add a six-month super-lien.

1. Ohio Rev. Code § 5311.18, Lien for common expenses — condominium assessment lien, 10-day default, effective on recording, recoverable charges, five-year validity, priority, and judicial foreclosure ↩
2. Ohio Rev. Code § 5312.12, Liens — planned-community assessment lien, 10-day default, effective on recording, continuing lien, five-year validity, priority, and judicial foreclosure ↩
3. Nev. Rev. Stat. § 116.3116(2)(b) — nine-month super-priority portion of the Nevada association lien ahead of a first security interest ↩
4. Colo. Rev. Stat. § 38-33.3-316(2)(b) and (11) — six-month CCIOA super-lien and the requirement that the secured amount equal six or more months of assessments before foreclosure ↩
5. Cal. Civ. Code § 5720 — bars assessment-lien foreclosure unless delinquent assessments are $1,800 or more (excluding fees/interest) or more than 12 months delinquent ↩
6. Ohio Rev. Code § 5311.081(C), Powers and duties of board of directors — pre-charge notice, 10-day hearing request, 7-day hearing notice, and 30-day post-hearing notice for condominium enforcement assessments and damage charges ↩
7. Ohio Rev. Code § 5312.11, Individual lot assessments — parallel pre-charge notice and hearing sequence for planned-community enforcement assessments and damage charges ↩
8. Ohio Rev. Code § 2329.33, Redemption by judgment debtor — equity of redemption available at any time before confirmation of sale; right ends on confirmation ↩
9. Senate Bill 61, 134th General Assembly (signed; effective Sept. 13, 2022) — amended § 5311.18 to make the condominium assessment lien a continuing lien; Senate passed 32-1 (Jan. 26, 2022), House passed 81-13 (May 25, 2022) ↩
10. Ohio Rev. Code § 2305.06, Contract in writing — six-year limitations period for written-contract claims (shortened from eight years by S.B. 13, eff. June 2021) ↩
11. Ohio Rev. Code § 2305.07 — four-year limitations period for claims on unwritten contracts ↩
12. Ohio Rev. Code §§ 2329.17 and 2329.20 — appraisal requirement; property may not be sold for less than two-thirds of appraised value ↩
13. Ohio Rev. Code § 2329.26 — publication of notice of sheriff's sale once a week for three consecutive weeks ↩
14. Ohio Rev. Code § 2329.08, Judgment for residue — deficiency judgment after foreclosure sale; two-year collection window referenced therein ↩
15. Ohio Rev. Code § 2329.44 — clerk's duty to notify a former owner of surplus proceeds of at least $100 after a sheriff's sale ↩
16. House Bill 572, 135th General Assembly (Rep. John Rogers) — proposed six-month association super-lien amending §§ 5311.18 and 5312.12; reported by House committee, did not pass, lapsed at end of the 135th GA ↩
17. Benton Village Condominium Owners' Assn., Inc. v. Holdings, JRG Ltd., 2024-Ohio-1990 (8th Dist. Cuyahoga, May 23, 2024) ↩
18. Lakeview Loan Servicing, L.L.C. v. Soldat, 2024-Ohio-4676 (8th Dist. Cuyahoga, Sept. 26, 2024) ↩
19. Ariz. Rev. Stat. § 33-1807(A) (as amended by SB 1494, eff. Sept. 26, 2025) — bars planned-community foreclosure unless the owner is delinquent 18 months or owes $10,000 or more; cf. § 33-1256(A) for condominiums ↩