Ohio Code § 5312.09

Ohio Code § 5312.09. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5312.09.

(A)(1) The owners association may not assign the right to common assessments, or the future

income from those assessments, or convey any fee interest or any security interest

in any portion of the common elements unless the declaration specifically provides

for such a conveyance or seventy-five per cent of the voting power of the owners association,

or any larger percentage the declaration specifies, approves the conveyance. (2) The owners association may not convey any fee interest in a limited common element

or subject a limited common element to a security interest without the approval of

all of the owners of the lots to which the limited common element is allocated.  Any proceeds of the conveyance of a limited common element are an asset of the owners

association. (B) No contract to convey or subject a common element or a limited common element to

a security interest is enforceable against the owners association unless it complies

with division (A) of this section.  The board of directors, on behalf of the owners association, has all powers necessary

and appropriate to effect a conveyance or encumbrance that division (A) of this section

permits, including the power to execute a deed or other instrument.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5312.09
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 5312.09?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 5312.09 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 5312.09 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.