Ohio Rev. Code » Chapter 5312
Ohio Revised Code

Ohio Rev. Code § 5312.12 (2026)

Liens

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
September 10, 2010
Latest Legislation:
Senate Bill 187 - 128th General Assembly
PDF:
Download Authenticated PDF
 

(A) The owners association has a lien upon the estate or interest in any lot for the payment of any assessment or charge levied in accordance with section 5312.11 of the Revised Code, as well as any related interest, administrative late fees, enforcement assessments, collection costs, attorney's fees, and paralegal fees, that are chargeable against the lot and that remain unpaid ten days after any portion has become due and payable.

(B) All of the following apply to a lien charged against a property pursuant to this section:

(1) The lien is effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties in which the lot is situated, pursuant to authorization by the board of directors of the owners association. The certificate shall contain a description of the lot, the name of the record owner of the lot, and the amount of the unpaid assessment or charge. It shall be subscribed to by the president of the board or other designated representative of the owners association.

(2) The lien is a continuing lien upon the lot against which each assessment or charge is made, subject to automatic subsequent adjustments reflecting any additional unpaid interest, administrative late fees, enforcement assessments, collection costs, attorney's fees, paralegal fees, and court costs.

(3) The lien is valid for a period of five years from the date of filing, unless it is sooner released or satisfied in the same manner provided by law for the release and satisfaction of mortgages on real property or unless it is discharged by the final judgment or order of a court in an action brought to discharge the lien as provided in this section.

(4) The lien is prior to any lien or encumbrance subsequently arising or created, except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that have been filed for record prior to the recording of the lien, and may be foreclosed in the same manner as a mortgage on real property in an action brought by the owners association.

(C)(1) In any foreclosure action that the holder of a lien commences, the holder shall name the owners association as a defendant in the action. The owners association or the holder of the lien is entitled to the appointment of a receiver to collect rental payments due on the property. Any rental payment a receiver collects during the pendency of the foreclosure action shall be applied first to the payment of the portion of the common expenses chargeable to the lot during the foreclosure action.

(2) Unless prohibited by the declaration or the bylaws, following any foreclosure action, the owners association or an agent the board authorizes is entitled to become a purchaser at the foreclosure sale.

(3) A mortgage on a lot may contain a provision that secures the mortgagee's advances for the payment of the portion of the common expenses chargeable against the lot upon which the mortgagee holds the mortgage.

(D) An owner may commence an action for the discharge of the lien in the court of common pleas of the county in which all or a part of the property is situated if the owner believes that the liability for the unpaid assessment or charge for which the owners association filed a certificate of lien was improperly charged. In the action, if it is finally determined that the unpaid amount of the assessment or charge was improperly charged to the owner or the lot, the court shall enter an order that it determines to be just, which may provide for a discharge of record of all or a portion of the lien and an award of attorney's fees to the owner.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2013–2025 · leading case: Bank of New York v. Nutter, 2020-Ohio-6988.
Sort: Relevance Newest Treatment
Bank of New York v. Nutter, 2020-Ohio-6988. · cites it 10× “” Notably, Shale Creek made no mention of R.C. 5312.12 in its cross-claim, nor did it specifically state that its theory of recovery was predicated on the recognition of a subsisting lien from 2016.”
Slodov v. Eagle Ridge Subdivision Prop. Owners Assn., Inc., 2024-Ohio-143. · cites it 2× “Section 5312.12 grants authority to an Ohio Planned Community to impose a lien upon property owners who do not pay assessment fees.”
Settlers Walk Home Owners Assn. v. Phoenix Settlers Walk, Inc., 2015-Ohio-4821. · cites it 2× “{¶ 24} Finally, we acknowledge that these types of issues that arise today have generally been resolved through the enactment of Ohio's Planned Community Law as found in R.”
Phelps v. Cmty. Garden Assn., Inc., 2021-Ohio-3675. · cites it 3× “Similarly, R.C. 5312.12 provides that after an assessment levied in accordance with R.”
Yu v. David A. Dye CO., LPA, No. 2:16-cv-00944 (S.D. Ohio Sept. 8, 2020). · cites it 12× “Ohio Rev. Code § 5312.12(B)(1) (“The [HOA lien for unpaid assessments] is effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties in which the lot is situated, pursuant to authorization by the board of…”
Townhomes at French Creek Homeowners Assn., Inc. v. Woods, 2018-Ohio-2445. · cites it 3× “However, “[i]n the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control.”
Lexington Ridge Homeowners' Assn. v. Schlueter, 2013-Ohio-1601. · cites it 2× “{¶20} Although the recording statutes provide rules in determining the priority of competing liens, where an action is brought by a lienholder asking the court to marshal the liens against the property, the burden is upon those parties that allege to have an interest in the…”
Catherine Kay Eliseo, No. 19-41248 (Bankr. N.D. Ohio Apr. 20, 2020). · cites it 2× “The court finds that Dover Meade’s certificate of lien does not 2 O.R.C. § 5312.12(B)(2). 4 include amounts that came due and that Debtor owes after the lien was recorded.”
Point E. Condo. Owners' Assn. v. Bilfield, 2025-Ohio-2142. “On July 10, 2019, February 21, 2020, and December 11, 2020, the HOA filed certificates of lien under R.C. 5312.12 for outstanding assessments due to nonpayment of liens from February 2019 and thereafter.”
Ohio Rev. Code § 5312.12(A): 2 cases
Bank of New York v. Nutter, 2020-Ohio-6988. “” Notably, Shale Creek made no mention of R.C. 5312.12 in its cross-claim, nor did it specifically state that its theory of recovery was predicated on the recognition of a subsisting lien from 2016.”
Townhomes at French Creek Homeowners Assn., Inc. v. Woods, 2018-Ohio-2445. “However, “[i]n the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control.”
Ohio Rev. Code § 5312.12(B): 1 case
Bank of New York v. Nutter, 2020-Ohio-6988. “” Notably, Shale Creek made no mention of R.C. 5312.12 in its cross-claim, nor did it specifically state that its theory of recovery was predicated on the recognition of a subsisting lien from 2016.”
Ohio Rev. Code § 5312.12(B)(1): 1 case
Yu v. David A. Dye CO., LPA, No. 2:16-cv-00944 (S.D. Ohio Sept. 8, 2020). “Ohio Rev. Code § 5312.12(B)(1) (“The [HOA lien for unpaid assessments] is effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties in which the lot is situated, pursuant to authorization by the board of…”
Ohio Rev. Code § 5312.12(B)(2): 1 case
Catherine Kay Eliseo, No. 19-41248 (Bankr. N.D. Ohio Apr. 20, 2020). “The court finds that Dover Meade’s certificate of lien does not 2 O.R.C. § 5312.12(B)(2). 4 include amounts that came due and that Debtor owes after the lien was recorded.”
Ohio Rev. Code § 5312.12(B)(3): 1 case
Bank of New York v. Nutter, 2020-Ohio-6988. “” Notably, Shale Creek made no mention of R.C. 5312.12 in its cross-claim, nor did it specifically state that its theory of recovery was predicated on the recognition of a subsisting lien from 2016.”
Ohio Rev. Code § 5312.12(B)(4): 1 case
Lexington Ridge Homeowners' Assn. v. Schlueter, 2013-Ohio-1601. “{¶20} Although the recording statutes provide rules in determining the priority of competing liens, where an action is brought by a lienholder asking the court to marshal the liens against the property, the burden is upon those parties that allege to have an interest in the…”
Ohio Rev. Code § 5312.12(D): 2 cases
Bank of New York v. Nutter, 2020-Ohio-6988. “” Notably, Shale Creek made no mention of R.C. 5312.12 in its cross-claim, nor did it specifically state that its theory of recovery was predicated on the recognition of a subsisting lien from 2016.”
Yu v. David A. Dye CO., LPA, No. 2:16-cv-00944 (S.D. Ohio Sept. 8, 2020). “Ohio Rev. Code § 5312.12(B)(1) (“The [HOA lien for unpaid assessments] is effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties in which the lot is situated, pursuant to authorization by the board of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.