Condo Q&A

Boggled by the law in Ohio

Written by CondoAssociation.com | Tue, Sep 15, 2015 @ 09:45 PM

My fees were incorrectly calculated both by value/par, square footage or proportion to aggregate value.

It is an obvious mistake and puts it at odds with Ohio law. Ohio law is contradictory with regards to this point. It states "the undivided interest in the common elements shall be computed in the proportion that the fair market value of the unit bears to the aggregate fair market value of all units on the date that the declaration is originally filed for record, shall be based on the size or par value of the unit, or shall be computed on an equal basis."

Then later states that the undivided interest in common elements can only be changed by 100% vote of unit owners.

Which supersedes, the requirement to calculate a certain way or requirement to amend a certain way?