Ohio HOA Compliance
3. Compliance topics grid
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.
HB 75 · 136th General Assembly
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]
| Property managers | Do not change flag-enforcement templates solely because the bill is pending. |
| HOA board members | Existing flag rules remain governed by current law and recorded documents unless the bill passes. |
| Community association attorneys | Review flag covenants for current enforceability and monitor HB 75 and its Senate companion. |
| Homeowners | The proposal would expand display rights only if enacted. |
HB 173 · 136th General Assembly
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]
| Property managers | Communities that rebill utilities should identify whether billing runs as direct utility service, submetering, or association resale. |
| HOA board members | Utility-billing policies may need board review if the bill advances. |
| Community association attorneys | Check condominium resale language against existing declarations, service contracts, and PUCO rules. |
| Homeowners | Utility bills in some multi-unit communities could be affected by future submetering rules. |
HB 265 · 136th General Assembly
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]
| Property managers | Inventory utility-resale contracts before any new PUCO-facing duties are adopted. |
| HOA board members | Boards should separate utility pass-through accounting from ordinary assessments in financial records. |
| Community association attorneys | Counsel should compare HB 173 and HB 265 before advising on long-term utility billing structures. |
| Homeowners | Residents in affected communities may gain different complaint or billing rights if the bill is enacted. |
HB 668 · 135th General Assembly
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]
| Property managers | Political-sign restrictions still require document-specific review under current law. |
| HOA board members | Tie sign rules to recorded covenants and content-neutral administration where possible. |
| Community association attorneys | HB 668 is useful history for recurring speech and display-rights proposals. |
| Homeowners | The 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.
Bigham v. Deer Run Owners Assn.
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]
| Property managers | Map maintenance requests to both statutory duties and declaration language. |
| HOA board members | Document board decisions on common elements with the governing source identified. |
| Community association attorneys | Pleadings should separate statutory, contract, and tort theories. |
| Homeowners | A maintenance dispute may depend on unit boundaries, common-element status, and the declaration. |
Brock v. Cobblestone Park Dev. Group, L.L.C.
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]
| Property managers | Document turnover, records, and fund-control disputes before litigation starts. |
| HOA board members | Developer-transition issues can create derivative litigation risk. |
| Community association attorneys | Rule 12 pleadings strategy should avoid relying on facts outside the pleadings. |
| Homeowners | Books-and-records and derivative claims may survive early dismissal if properly pleaded. |
Thompson v. Cranberry Bay Homeowners Assn., Inc.
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]
| Property managers | Keep license files for docks, shoreline access, and similar amenities current. |
| HOA board members | Approval decisions should follow written license and modification procedures. |
| Community association attorneys | Indemnity clauses can be central in amenity-access litigation. |
| Homeowners | Amenity 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.
Office of the Ohio Consumers' Counsel, Supreme Court of Ohio & PUCO
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]
| Property managers | Communities with submetering or resale arrangements should collect contracts, billing forms, and complaint records. |
| HOA board members | Utility resale may become a governance and compliance issue, not just an accounting issue. |
| Community association attorneys | Advice on submetering should track the Supreme Court decision, PUCO implementation, HB 173, and HB 265. |
| Homeowners | Residents 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
- Ohio Revised Code Chapter 5312, Ohio Planned Community Law ↩
- Ohio Revised Code Chapter 5311, Ohio Condominium Act ↩
- Ohio Rev. Code § 5312.01, planned community definitions ↩
- Ohio Rev. Code § 5311.02, condominium property submission ↩
- Ohio Rev. Code § 5311.08, unit owners association ↩
- Supreme Court of Ohio, Judicial System Structure ↩
- Supreme Court of Ohio, Ohio Court of Appeals ↩
- Ohio Department of Commerce, Division of Real Estate and Professional Licensing, About REPL ↩
- Ohio Legislature, House Bill 75, 136th General Assembly ↩
- Ohio Legislature, House Bill 173, 136th General Assembly ↩
- Bigham v. Deer Run Owners Assn., 2024-Ohio-5233 ↩
- Ohio Revised Code Chapter 5312, statutory planned-community framework ↩
- Ohio Revised Code Chapter 5312, Ohio Planned Community Law ↩
- Ohio Revised Code Chapter 5311, Ohio Condominium Act ↩
- Supreme Court of Ohio, Ohio Court of Appeals ↩
- Ohio Department of Commerce, Division of Real Estate and Professional Licensing, About REPL ↩
- Ohio Attorney General, File a Consumer Complaint ↩
- Ohio Legislature, House Bill 75, 136th General Assembly ↩
- Ohio Legislature, House Bill 75 Committee Activity ↩
- Ohio Legislature, House Bill 173, 136th General Assembly ↩
- Ohio Legislature, House Bill 173, As Passed by House, bill text ↩
- Ohio Legislature, House Bill 265, 136th General Assembly ↩
- Ohio Legislature, House Bill 265, As Introduced, bill text ↩
- Ohio Legislature, House Bill 668, 135th General Assembly ↩
- Ohio Legislature, House Bill 668 Status, 135th General Assembly ↩
- Bigham v. Deer Run Owners Assn., 2024-Ohio-5233 ↩
- Ohio Rev. Code § 5311.14, repair and maintenance ↩
- Brock v. Cobblestone Park Dev. Group, L.L.C., 2024-Ohio-2949 ↩
- Brock v. Cobblestone Park Dev. Group, L.L.C., 2024-Ohio-2949, Civ.R. 12(C) discussion ↩
- Thompson v. Cranberry Bay Homeowners Assn., Inc., 2025-Ohio-1113 ↩
- Thompson v. Cranberry Bay Homeowners Assn., Inc., 2025-Ohio-1113, dock-use and indemnity discussion ↩
- Office of the Ohio Consumers' Counsel, Submetering and proposed legislation ↩
- Office of the Ohio Consumers' Counsel, HB 173 and HB 265 submetering discussion ↩
- Ohio Legislature, House Bill 75, thin blue line flag proposal ↩
- Ohio Legislature, House Bill 668, political yard sign proposal ↩
- Office of the Ohio Consumers' Counsel, submetering legislative and regulatory developments ↩
- Ohio Attorney General, consumer complaint and consumer protection resources ↩
- U.S. Department of Housing and Urban Development, Fair Housing Act overview ↩
- ADA.gov, Introduction to the Americans with Disabilities Act ↩
- Consumer Financial Protection Bureau, Fair Debt Collection Practices Act, Regulation F ↩
- U.S. Department of Justice, Servicemembers Civil Relief Act summary ↩
- Federal Communications Commission, Over-the-Air Reception Devices Rule ↩