Ohio § 5312.02

§ 5312.02.

(A) Any planned community in this state is subject to this chapter.  No person shall establish a planned community unless that person files and records

a declaration and bylaws for that planned community in the office of the recorder

of the county or counties in which the planned community is located. (B) Any declaration for a planned community shall be accompanied by bylaws that provide

for the operation of the planned community.  Except as provided in division (A)(1) of section 5312.03 of the Revised Code , the declaration and bylaws shall provide for all of the following: (1) The election of the board of directors of the owners association; (2) The number of persons constituting the board; (3) The terms of the directors, with not less than one-fifth to expire annually; (4) The powers and duties of the board; (5) The method of removal of directors from office; (6) Whether the services of a manager or managing agent may be engaged; (7) The method of amending the declaration and bylaws; (8) The time and place for holding meetings and the manner of and authority for calling

meetings, conducting meetings, and giving notice of meetings, which notice may be

sent by electronic mail, provided the association has received the prior, written

authorization from the owner; (9) The common expenses for which assessments may be made and the manner of collecting

from the owners their respective shares of the common expenses; (10) Any other matters the original declarant or the owners association deem necessary

and appropriate. (C) Nothing in this chapter invalidates any provision of a document that governs a planned

community if that provision was in the document at the time the document was recorded

and the document was recorded prior to the original effective date of this chapter,

September 10, 2010. (D)(1) The board of directors of the owners association of any planned community that is

in existence on the original effective date of this chapter, September 10, 2010, shall

file and record the bylaws of that planned community that are in effect on that effective

date in the office of the recorder of the county or counties in which the planned

community is located within one hundred eighty days after that effective date. (2) The board of directors of the owners association of any planned community that is

in existence on the original effective date of this chapter, September 10, 2010, shall

file and record the bylaws that are adopted by the owners association on or after

that effective date in the office of the recorder of the county or counties in which

the planned community is located within ninety days after the date of adoption of

the bylaws. (3) The board of directors of the owners association of any planned community that adopts

an amendment to the bylaws of that planned community shall file and record the amendment

in the office of the recorder of the county or counties in which the planned community

is located within sixty days after the date of adoption of the amendment. (4) Nothing in division (D)(1) or (2) of this section shall require the board of directors

or owners association of any planned community that is in existence on the original

effective date of this chapter, September 10, 2010, to adopt bylaws of that planned

community. (5) No board of directors of the owners association of a planned community that is in

existence on the original effective date of this chapter, September 10, 2010, shall

pursue any civil action against any person based upon any provision of the bylaws

of that planned community or upon any amendments to the bylaws until the bylaws or

amendments are filed and recorded under division (D)(1), (2), or (3) of this section.