Ohio § 5312.11

§ 5312.11.

(A) An owners association may assess an individual lot for any of the following: (1) Enforcement assessments and individual assessments for utility service that are imposed

or levied in accordance with the declaration, as well as expenses the board incurs

in collecting those assessments; (2) Costs of maintenance, repair, or replacement incurred due to the willful or negligent

act of an owner or occupant of a lot or their family, tenants, guests, or invitees,

including, but not limited to, attorney's fees, court costs, and other expenses; (3) Costs associated with the enforcement of the declaration or the rules and regulations

of the owners association, including, but not limited to, attorney's fees, court costs,

and other expenses; (4) Costs or charges the declaration or bylaws permit. (B) Unless otherwise provided by the declaration, bylaws, or rules, the owners association

shall credit any amount it receives from a lot owner pursuant to this section in the

following order: (1) To interest owed to the owners association; (2) To administrative late fees or enforcement assessments owed to the owners association; (3) To collection costs, attorney's fees, and paralegal fees the owners association incurred

in collecting the assessment; (4) To the oldest principal amounts the owner owes to the owners association for the

common expenses chargeable against the dwelling unit or lot. (C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this

section, the board of directors shall give the owner a written notice, which may be

in the form of electronic mail to an electronic mail address previously provided by

the owner in writing, that includes all of the following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board to contest the

proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the owner must cure a continuing violation to avoid the

proposed charge or assessment, if such an opportunity to cure is applicable. (D)(1) To request a hearing, the owner shall deliver a written notice to the board not later

than the tenth day after receiving the notice this division requires.  If the owner fails to make a timely request for a hearing, the right to that hearing

is waived, and the board immediately may impose a charge for damages or an enforcement

assessment pursuant to this section. (2) If an owner requests a hearing, at least seven days prior to the hearing the board

shall provide the owner with a written notice that includes the date, time, and location

of the hearing. (3) The board shall not levy a charge or assessment before holding any hearing requested

pursuant to this section. (4) Within thirty days following a hearing at which the board imposes a charge or assessment,

the owners association shall deliver a written notice of the charge or assessment

to the owner. (5) Any written notice that this section requires shall be delivered to the owner or

any occupant of the dwelling unit by personal delivery, by certified mail, return

receipt requested, or by regular mail.