Ohio HOA Compliance

Ohio HOA Compliance

3. Compliance topics grid

05
Architectural Review
Property & Mods
Solar Rights
Property & Mods
EV Charging
Property & Mods
ADUs & Modifications
Property & Mods
Fence & Exterior
Property & Mods
05
Short-Term Rentals
Resident Use
Flag Display
Resident Use
Political Signs
Resident Use
Religious Displays
Resident Use
Pet Restrictions
Resident Use
02
Condo Safety Inspections
Safety & Upkeep
Water Conservation
Safety & Upkeep
02
Mediation & Dispute Resolution
Transactions
Estoppel & Resale
Transactions

1. Introduction

Ohio splits its association framework between the Ohio Planned Community Law, Ohio Rev. Code ch. 5312, for planned communities administered by owners associations, and the Ohio Condominium Act, Ohio Rev. Code ch. 5311, for condominium properties administered by unit owners associations.1,2 Planned communities under Chapter 5312 cover individual lots tied to a declaration or common plan that requires association membership, property holding, leasing, or owner support through membership or fees.3 Condominium property under Chapter 5311 enters the statute by recorded declaration and drawings, and each condominium property runs under a unit owners association.4,5

Ohio association disputes commonly begin in trial courts, move to Ohio's district courts of appeals, and may reach the Supreme Court of Ohio through that court's jurisdictional process.6,7 The Ohio Department of Commerce, Division of Real Estate and Professional Licensing licenses several real-estate categories, but its listed licensing scope does not create a dedicated HOA regulatory agency.8

Recent activity runs moderate, with targeted bills on flags, political signs, and submetered utilities, plus appellate rulings on condominium maintenance, derivative claims, and association license agreements.9,10,11 Ohio sits among the statute-forward states with developed association codes and no centralized HOA administrative forum.12

2. Primary statute and key resources

  • Ohio Planned Community Law, Ohio Rev. Code ch. 5312. This chapter governs planned communities and owners associations.13
  • Ohio Condominium Act, Ohio Rev. Code ch. 5311. This chapter governs condominium property and unit owners associations.14
  • Ohio court system. Ohio courts of appeals hear appeals from common pleas, municipal, and county courts.15
  • Ohio Department of Commerce, Division of Real Estate and Professional Licensing. REPL licenses real estate professionals and related categories, not HOA boards as a dedicated HOA regulator.16
  • Ohio Attorney General Consumer Complaints. The Attorney General provides a consumer complaint portal and consumer protection resources.17

4. Ohio's recent regulatory landscape

Recent Legislation

Ohio's record covers pending proposals on thin blue line flags, behind-the-meter utilities, and utility resale, plus a 2024 political-sign bill that did not pass.

StatusPending
Last verifiedMay 9, 2026
Docket

HB 75 · 136th General Assembly

Effective
N/A
Sunset
N/A
Enact the Chief Steven DiSario Act

HB 75 would amend R.C. 4781.40, 5301.072, 5311.191, and 5321.131 to prohibit manufactured home park operators, condominium associations, neighborhood associations, and landlords from restricting display of the thin blue line flag.[18] The bill has received House committee hearings but has not been enacted.[19]

What this means, by role
Property managersDo not change flag-enforcement templates solely because the bill is pending.
HOA board membersExisting flag rules remain governed by current law and recorded documents unless the bill passes.
Community association attorneysReview flag covenants for current enforceability and monitor HB 75 and its Senate companion.
HomeownersThe proposal would expand display rights only if enacted.
StatusPending
Last verifiedMay 9, 2026
Docket

HB 173 · 136th General Assembly

Effective
N/A
Sunset
N/A
Regards entities providing behind-the-meter utility services

HB 173 would amend R.C. 4905.02 and enact new R.C. 4933 sections to exempt certain behind-the-meter utility providers from public-utility regulation while allowing Public Utilities Commission registration.[20] Bill text expressly addresses resale of electric and water service to condominium properties by unit owners associations or their agents.[21]

What this means, by role
Property managersCommunities that rebill utilities should identify whether billing runs as direct utility service, submetering, or association resale.
HOA board membersUtility-billing policies may need board review if the bill advances.
Community association attorneysCheck condominium resale language against existing declarations, service contracts, and PUCO rules.
HomeownersUtility bills in some multi-unit communities could be affected by future submetering rules.
StatusPending
Last verifiedMay 9, 2026
Docket

HB 265 · 136th General Assembly

Effective
N/A
Sunset
N/A
Regulate resellers of public utility services as public utilities

HB 265 would amend R.C. 4905.02 and 4905.03 to regulate resellers of public utility services as public utilities.[22] The bill takes a competing or related approach to submetering regulation and appears in the same policy area as HB 173.[23]

What this means, by role
Property managersInventory utility-resale contracts before any new PUCO-facing duties are adopted.
HOA board membersBoards should separate utility pass-through accounting from ordinary assessments in financial records.
Community association attorneysCounsel should compare HB 173 and HB 265 before advising on long-term utility billing structures.
HomeownersResidents in affected communities may gain different complaint or billing rights if the bill is enacted.
StatusNot enacted
Last verifiedMay 9, 2026
Docket

HB 668 · 135th General Assembly

Effective
N/A
Sunset
N/A
Prohibit homeowners assn from restricting political yard signs

HB 668 proposed to amend R.C. 5301.072 to prohibit homeowners associations from restricting political yard signs.[24] The bill was introduced during the 135th General Assembly and did not become law before that General Assembly ended.[25]

What this means, by role
Property managersPolitical-sign restrictions still require document-specific review under current law.
HOA board membersTie sign rules to recorded covenants and content-neutral administration where possible.
Community association attorneysHB 668 is useful history for recurring speech and display-rights proposals.
HomeownersThe 2024 proposal did not create a new statewide HOA political-sign right.

Recent Court Rulings

Recent Ohio appellate rulings test condominium maintenance theories, planned-community derivative claims, and amenity license agreements.

StatusFinal
Last verifiedMay 9, 2026
Case

Bigham v. Deer Run Owners Assn.

Ohio Second District Court of Appeals · 2024-Ohio-5233
Decided
Nov 1, 2024
Court
Ohio 2d Dist.

The Second District held that a condominium owner could pursue statutory maintenance claims under R.C. 5311.14(A) along with declaration-based contract claims, while the economic loss doctrine barred the negligence claim.[26] The ruling matters because condominium maintenance disputes may turn on both the statute and the recorded declaration.[27]

What this means, by role
Property managersMap maintenance requests to both statutory duties and declaration language.
HOA board membersDocument board decisions on common elements with the governing source identified.
Community association attorneysPleadings should separate statutory, contract, and tort theories.
HomeownersA maintenance dispute may depend on unit boundaries, common-element status, and the declaration.
StatusFinal
Last verifiedMay 9, 2026
Case

Brock v. Cobblestone Park Dev. Group, L.L.C.

Ohio Ninth District Court of Appeals · 2024-Ohio-2949
Decided
Aug 5, 2024
Court
Ohio 9th Dist.

The Ninth District reversed judgment on the pleadings in a planned-community dispute involving derivative claims, developer control, alleged improper HOA expenditures, and access to HOA books and records.[28] The court held that the trial court relied on facts outside the pleadings and did not apply the Civ.R. 12(C) framework within the pleadings.[29]

What this means, by role
Property managersDocument turnover, records, and fund-control disputes before litigation starts.
HOA board membersDeveloper-transition issues can create derivative litigation risk.
Community association attorneysRule 12 pleadings strategy should avoid relying on facts outside the pleadings.
HomeownersBooks-and-records and derivative claims may survive early dismissal if properly pleaded.
StatusFinal
Last verifiedMay 9, 2026
Case

Thompson v. Cranberry Bay Homeowners Assn., Inc.

Ohio Fifth District Court of Appeals · 2025-Ohio-1113
Decided
Mar 28, 2025
Court
Ohio 5th Dist.

The Fifth District affirmed summary judgment for a homeowners association in a dock-license dispute and upheld summary judgment for the association on an indemnity counterclaim.[30] The opinion turned on dock-use license agreements, association approval rights, and indemnification language.[31]

What this means, by role
Property managersKeep license files for docks, shoreline access, and similar amenities current.
HOA board membersApproval decisions should follow written license and modification procedures.
Community association attorneysIndemnity clauses can be central in amenity-access litigation.
HomeownersAmenity rights may depend on license agreements rather than ownership assumptions.

Regulatory Developments

Ohio's submetering landscape now follows the Supreme Court's April 2026 Nationwide Energy Partners decision, with PUCO implementation pending.

StatusFinal decision, implementation pending
Last verifiedMay 9, 2026
Agency / Forum

Office of the Ohio Consumers' Counsel, Supreme Court of Ohio & PUCO

Submetering regulation after In re Complaint of Ohio Power Co. v. Nationwide Energy Partners, L.L.C., 2026-Ohio-1406
Date
Apr 22, 2026
Coverage
Statewide

The Office of the Ohio Consumers' Counsel reports that the Supreme Court of Ohio ruled in April 2026 that submeterers will be regulated as utilities by the PUCO following the Nationwide Energy Partners decision.[32] OCC also identifies HB 173 and HB 265 as active legislative responses to submetering and utility-resale concerns.[33]

What this means, by role
Property managersCommunities with submetering or resale arrangements should collect contracts, billing forms, and complaint records.
HOA board membersUtility resale may become a governance and compliance issue, not just an accounting issue.
Community association attorneysAdvice on submetering should track the Supreme Court decision, PUCO implementation, HB 173, and HB 265.
HomeownersResidents affected by submetering may see new regulatory complaint paths as implementation develops.

Active Policy Debates

Ohio's active HOA-adjacent policy debates center on property-display rights, including thin blue line flags and political yard signs, and utility-resale regulation for submetered or behind-the-meter services.34,35 These debates could affect covenant enforcement, association communications, resale billing, and condominium utility administration during the next 12 to 24 months.36

5. Closing note

HOA Weekly's Ohio coverage will expand as new bills, appellate rulings, PUCO actions, and Attorney General developments emerge.37 Federal frameworks, including the FHA, ADA, FDCPA, SCRA, and OTARD rule, also apply to Ohio associations where their coverage requirements are met, with federal coverage housed at /federal/.38,39,40,41,42

Footnotes

  1. Ohio Revised Code Chapter 5312, Ohio Planned Community Law
  2. Ohio Revised Code Chapter 5311, Ohio Condominium Act
  3. Ohio Rev. Code § 5312.01, planned community definitions
  4. Ohio Rev. Code § 5311.02, condominium property submission
  5. Ohio Rev. Code § 5311.08, unit owners association
  6. Supreme Court of Ohio, Judicial System Structure
  7. Supreme Court of Ohio, Ohio Court of Appeals
  8. Ohio Department of Commerce, Division of Real Estate and Professional Licensing, About REPL
  9. Ohio Legislature, House Bill 75, 136th General Assembly
  10. Ohio Legislature, House Bill 173, 136th General Assembly
  11. Bigham v. Deer Run Owners Assn., 2024-Ohio-5233
  12. Ohio Revised Code Chapter 5312, statutory planned-community framework
  13. Ohio Revised Code Chapter 5312, Ohio Planned Community Law
  14. Ohio Revised Code Chapter 5311, Ohio Condominium Act
  15. Supreme Court of Ohio, Ohio Court of Appeals
  16. Ohio Department of Commerce, Division of Real Estate and Professional Licensing, About REPL
  17. Ohio Attorney General, File a Consumer Complaint
  18. Ohio Legislature, House Bill 75, 136th General Assembly
  19. Ohio Legislature, House Bill 75 Committee Activity
  20. Ohio Legislature, House Bill 173, 136th General Assembly
  21. Ohio Legislature, House Bill 173, As Passed by House, bill text
  22. Ohio Legislature, House Bill 265, 136th General Assembly
  23. Ohio Legislature, House Bill 265, As Introduced, bill text
  24. Ohio Legislature, House Bill 668, 135th General Assembly
  25. Ohio Legislature, House Bill 668 Status, 135th General Assembly
  26. Bigham v. Deer Run Owners Assn., 2024-Ohio-5233
  27. Ohio Rev. Code § 5311.14, repair and maintenance
  28. Brock v. Cobblestone Park Dev. Group, L.L.C., 2024-Ohio-2949
  29. Brock v. Cobblestone Park Dev. Group, L.L.C., 2024-Ohio-2949, Civ.R. 12(C) discussion
  30. Thompson v. Cranberry Bay Homeowners Assn., Inc., 2025-Ohio-1113
  31. Thompson v. Cranberry Bay Homeowners Assn., Inc., 2025-Ohio-1113, dock-use and indemnity discussion
  32. Office of the Ohio Consumers' Counsel, Submetering and proposed legislation
  33. Office of the Ohio Consumers' Counsel, HB 173 and HB 265 submetering discussion
  34. Ohio Legislature, House Bill 75, thin blue line flag proposal
  35. Ohio Legislature, House Bill 668, political yard sign proposal
  36. Office of the Ohio Consumers' Counsel, submetering legislative and regulatory developments
  37. Ohio Attorney General, consumer complaint and consumer protection resources
  38. U.S. Department of Housing and Urban Development, Fair Housing Act overview
  39. ADA.gov, Introduction to the Americans with Disabilities Act
  40. Consumer Financial Protection Bureau, Fair Debt Collection Practices Act, Regulation F
  41. U.S. Department of Justice, Servicemembers Civil Relief Act summary
  42. Federal Communications Commission, Over-the-Air Reception Devices Rule