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OH HB408

Bill

Status

Introduced

1/12/2010

Primary Sponsor

Kathleen Chandler

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

  • Amends Ohio Revised Code Section 5311.18 to grant condominium unit owners associations a lien on units for unpaid common expenses and related charges that become due and remain unpaid for ten days.

  • Establishes a priority payment order for unit owner payments: interest first, then administrative late fees, then collection costs and attorney's fees, then principal amounts owed.

  • Creates a superior lien position for the association in an amount equal to the lesser of the total delinquency or six months of common expense assessments, which takes priority over all liens except real estate taxes and first mortgages during foreclosure actions.

  • Requires lienholders initiating foreclosure to name the unit owners association as a defendant and allows the association to appoint a receiver to collect reasonable rental payments from the unit during foreclosure proceedings.

  • Makes the association's lien valid for five years from filing and allows it to automatically adjust for additional unpaid fees, interest, and court costs without refiling.

Legislative Description

To provide that a portion of a condominium assessment is prior to other liens on condominium units.

Condominium assessments-portion prior to other liens

Last Action

To Civil & Commercial Law

1/12/2010

Full Bill Text

No bill text available