Ohio § 5311.05

§ 5311.05.

(A) A declaration submitting property to the provisions of this chapter shall be signed

and acknowledged by the owner before a judge or clerk of a court of record, county

auditor, county engineer, notary public, or mayor, who shall certify the acknowledgment

and subscribe the certificate of acknowledgment. (B) A declaration shall contain all of the following: (1) A legal description of the land or, for a water slip condominium property, of the

land and the land under the water area, submitted to the provisions of this chapter; (2) The name of the condominium property, which shall include the word “condominium”; (3) The purpose of the condominium property, the units and recreational and commercial

facilities situated in the condominium property, and any restrictions upon the use

of the condominium property; (4) A general description of buildings submitted to the provisions of this chapter, stating

the principal construction materials and the number of stories, basements, and units.  The declaration for a water slip property shall also contain a general description

of each water slip and of the piers and wharves forming each water slip submitted

to the provisions of this chapter; (5) The unit designation of each unit submitted to the provisions of this chapter and

a statement of its location, approximate area, the immediate common element or limited

common element to which it has access, and any other information necessary for its

proper identification; (6) A description of the common elements and limited common elements submitted to the

provisions of this chapter, the undivided interest in those elements appurtenant to

each unit, the basis upon which those appurtenant undivided interests are allocated,

and the procedures whereby the undivided interests appertaining to each unit may be

altered.  The undivided interests, basis, and procedures shall be in accordance with sections 5311.031 to 5311.033 and 5311.04 of the Revised Code ; (7) A statement that each unit owner is a member of a unit owners association established

for the administration of the condominium property; (8) The name of a person to receive service of process for the unit owners association,

together with the person's residence or place of business located in this state; (9) A statement of any membership requirement if the unit owners association or any unit

owners are required to be members of a not-for-profit organization that provides facilities

or recreation, education, or social services to owners of property other than the

condominium property; (10) The method by which the declaration may be amended, which, except as provided in

division (E) of this section, division (E) of section 5311.04 , division (B) of section 5311.041 , and sections 5311.031 to 5311.033 and 5311.051 of the Revised Code , requires the affirmative vote of unit owners exercising not less than seventy-five

per cent of the voting power; (11) Any further provisions deemed desirable. (C) The declaration for an expandable condominium property shall contain all of the following

in addition to the requirements of division (B) of this section: (1) The explicit reservation of the declarant's option to expand the condominium property; (2) A statement of any limitations on that option to expand, including a statement as

to whether the consent of any unit owner is required, and how that consent is to be

ascertained;  or a statement that there are no limitations on the option to expand; (3)(a) The time at which the option to expand the condominium development expires, which

shall not exceed seven years from the date the declaration is filed for record; (b) A statement that the declarant may, during the six months prior to the time that

the option expires, extend the option for an additional seven years with the consent

of the holders of a majority of the voting power of the unit owners other than the

declarant; (c) A statement of any circumstances that will terminate the option to expand prior to

the time established pursuant to division (C)(3)(a) or (b) of this section. (4) A legal description of all additional property that, through exercise of the option,

may be submitted to the provisions of this chapter and added to the condominium property; (5) A statement that specifies all of the following: (a) Whether the addition of all or a particular portion of the additional property is

mandatory; (b) If the addition of additional property is not mandatory, whether all or a particular

portion of the additional property must be added if any other additional property

is added; (c) Whether or not there are any limitations on portions of additional property that

may be added. (6) A statement of whether portions of the additional property may be added at different

times and a statement that sets forth any limitations on the addition of additional

property at different times, including the legal descriptions of the boundaries of

portions that may be added and specifications on the order in which those portions

may be added to the condominium property or a statement that there are no limitations

on the addition of additional property; (7) A statement of any limitations on the location of any improvements that may be made

on any portion of the additional property added to the condominium property, or a

statement that there are no limitations of that kind; (8) A statement of the maximum number of units that may be created on the additional

property.  If portions of the additional property may be added to the condominium property

and the boundaries of those portions are fixed in accordance with division (C)(6)

of this section, the declaration also shall state the maximum number of units that

may be created on each portion added to the condominium property.  If portions of the additional property may be added to the condominium property

and the boundaries of those portions are not fixed in accordance with division (C)(6)

of this section, the declaration also shall state the maximum number of units per

acre that may be created on any portion added to the condominium property. (9) Except when the original condominium property contained no units restricted to residential

use, a statement of the maximum percentage of the aggregate land area and the maximum

percentage of aggregate floor area that may be devoted to units not restricted to

residential use on any additional property added to the condominium property; (10) A statement of the extent to which any structures erected on any portion of the additional

property added to the condominium property will be compatible with structures on the

submitted property in terms of quality of construction, the principal materials to

be used, and architectural style, or a statement that the structures need not be compatible

in those respects; (11) With respect to all improvements to any portion of additional property added to the

condominium property, other than structures, a statement setting forth both of the

following: (a) A description of the improvements that must be made or a statement that no other

improvements must be made; (b) Any restrictions or limitations on the improvements that may be made or a statement

that there are no restrictions or limitations on improvements. (12) With respect to all units created on any portion of additional property added to

the condominium property, a statement setting forth both of the following: (a) Whether all units of that kind must be substantially identical to units on previously

submitted property; (b) Any limitations on the types of units that may be created on the additional property

or a statement that there are no limitations of that kind. (13) A description of any reserved right of the declarant to create limited common elements

within any portion of the additional property added to the condominium property or

to designate common elements within each portion.  The description shall specify the types, sizes, and maximum number of limited common

elements in each portion that may subsequently be assigned to units; (14) Drawings and plans that the declarant considers appropriate in supplementing the

requirements of division (C) of this section; (15) A statement that a successor owner of the condominium property or of additional property

added to the condominium property who is not an affiliate of the developer and who

is a bona fide purchaser of the property for value, or a purchaser who acquires the

property at a sheriff's sale or by deed in lieu of a foreclosure, is not liable in

damages for harm caused by an action or omission of the developer or a breach of an

obligation by the developer. (D) The declaration for a leasehold condominium development shall contain all of the

following in addition to the requirements of division (B) of this section: (1) With respect to any ground lease or other leases, the expiration or termination of

which could terminate or reduce the amount of condominium property, a statement setting

forth the county in which the lease is recorded and the volume and page of the record; (2) A statement setting forth the date upon which each lease referred to in division

(D)(1) of this section expires; (3)(a) A statement of whether the unit owners own any land or improvements of the condominium

property in fee simple, and if so, a description of the improvements and a legal description

of the land; (b) A statement of any rights the unit owners have to remove any improvements within

a reasonable time after the expiration or termination of any ninety-nine year lease,

or a statement that they have no rights of that nature. (4) A statement of the rights that the unit owners have to redeem the reversion or any

of the reversions, or a statement that they have no rights of that nature; (5) A statement that, subsequent to the recording of the declaration, no lessor who executed

it and no successor in interest to that lessor has any right or power to terminate

any part of the leasehold interest of any unit owner who makes timely payment of the

unit owner's share of the rent to the person designated in the declaration for the

receipt of that rent and who otherwise complies with all covenants that, if violated,

entitle the lessor to terminate the lease. (E)(1) Without a vote of the unit owners, the board of directors may amend the declaration

in any manner necessary for any of the following purposes: (a) To meet the requirements of institutional mortgagees, guarantors and insurers of

first mortgage loans, the federal national mortgage association, the federal home

loan mortgage corporation, the federal housing administration, the veterans administration,

and similar institutions; (b) To meet the requirements of insurance underwriters; (c) To bring the declaration into compliance with this chapter; (d) To correct clerical or typographical errors or obvious factual errors in the declaration

or an exhibit to the declaration; (e) To designate a successor to the person named to receive service of process for the

unit owners association.  If the association is incorporated in this state, this may be accomplished by filing

with the secretary of state an appropriate change of statutory agent designation; (f) To permit notices to owners, as required by the declaration or bylaws, to be sent

by electronic mail and, if returned undeliverable, by regular mail, provided the association

has received the prior, written authorization from the owner; (g) To delete as void, any provision within the declaration or bylaws, or in any applicable

restriction or covenant, that prohibits or limits the conveyance, encumbrance, rental,

occupancy, or use of property subject to this chapter on the basis of race, color,

national origin, sex, religion, or familial status. (2) Division (E)(1) of this section applies to condominium properties submitted to this

chapter prior to, on, or after July 20, 2004. (3) Any unit owner who is aggrieved by an amendment to the declaration that the board

of directors makes pursuant to division (E)(1) of this section may commence a declaratory

judgment action to have the amendment declared invalid as violative of division (E)(1)

of this section.  Any action filed pursuant to division (E)(3) of this section shall be filed in the

appropriate court of common pleas within one year from the date of the recordation

of the amendment.