More and more people are turning to a maintenance-free living arrangement: the condominium.  Literally translated from Latin, condominium means, roughly, “joint dominion.”  There are many reasons why people enjoy condominium life, but there are also certain restrictions which may make condo life undesirable for some.  On July 20, 2004, Ohio passed a bill that overhauled its condominium laws. 

Q: What, exactly, is a condominium?
A: The term condominium can be applied to many different kinds of housing; however, in spite of the many variations, all condos share many common attributes.  It is important to remember, however, that the term “condominium” refers to the entire condominium development, which includes all land, buildings, and units.  The term “unit” describes an owner’s home, and the interest that an individual owner has in the condominium.  In order to form a condominium, the developer, before selling any units, must file the appropriate documents with the county recorder.  Once the recorder has received and approved these documents, the project is then considered to be a condominium.  In a condo, there is generally no individual ownership of land; the unit owners jointly own the land and building exteriors.  Accordingly, each unit owner has rights only to the interior space of his or her unit.  All other spaces are controlled by the condo owners’ association.  Each unit owner automatically becomes a member of the condo association, as described in the association’s governing documents, which contain the condominium’s rules. 

Q: How is condo ownership different from regular home ownership?
A: There are many similarities as well as some important differences.  Perhaps the difference with the greatest impact is the limited amount of control a condo owner has compared with that of a regular homeowner.  Generally, a condo owner has as much freedom inside his condo as does a homeowner.  However, outside the home, the condo owner has much less freedom than a typical homeowner.  Condo associations generally have the authority to regulate virtually every aspect of what happens outside your walls.  Rules can be made about everything from what kind of flowers you plant to how many cars you can park in your driveway.  These rules ensure the uniformity the condo’s appearance, which generally helps to keep property value high.

Q: What is a condo association and what does its board of directors do?
A: The condo association controls all of the land and property surrounding individual condominium units, and manages the condo property through a board of directors.  The board of directors (formerly referred to as a board of managers or board of trustees) is elected by the unit owners to run the daily operations of the condo.  The unit owners elect board members according to the provisions of the condo bylaws.  Most often, each unit has one vote, but this can vary.  Some condos use the value or size of an individual unit to calculate that unit’s voting power. 

Q: What powers do the board of directors possess?
A: Usually, a board has the power to enforce the bylaws, rules, and regulations of the condo.  They also act as “point persons” to whom unit owners can go with problems.  Some of the powers of the board include the right to govern common elements, to grant permission to alter a limited common element, and to initiate proceedings to evict an owner.  State law also dictates what a board may not do.  For example, the code says that, generally, boards may not deny unit owners access to association records (financials, minutes, contracts) except for narrowly defined matters relating to personnel, collections, legal matters and transactions currently under negotiations.  If the condo’s bylaws do not address a certain area, then state law governs that area.

8/18/2008

Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association (OSBA).  This article was prepared by R. Nigel Davies, Esq. of Davies & Ruck, PLL, located in Pemberville, Ohio.  For more information on a variety of legal topics, visit the OSBA’s Web site at www.ohiobar.org.