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Legislative Notes


Post World War II America has witnessed the rapid expansion of its urban centers, as evidenced by the development of very large, widely spread-out cities. As a result of this pattern of development, land for single-family dwelling units has become relatively scarce, and, consequently, more expensive. Thus, a significant challenge to our society is the need to find feasible methods of housing large numbers of people at prices that they can afford. One response to this challenge emerged in the early 1960's when the concept of the condominium grew in popularity. This living arrangement is typically characterized by multiple dwelling units which are individually owned, with common areas and facilities which are for the use and enjoyment of all the tenants and in which each individual unit owner has an undivided interest as a tenant in common. Condominium living thus has the advantage of housing large numbers of people in a limited amount of space while at the same time providing individuals with the economic and legal benefits of home ownership. As a result of this rise in the popularity of condominiums, many states, including Ohio, passed condominium legislation in the early 1960's. The Ohio law, enacted in 1963, was similar to the other states' condominium acts in that it was primarily in the nature of an enabling act; its purpose was to recognize the legality of the concept of the condominium by defining the characteristics of condominium property and the legal rights that attached to the development and ownership of such property. … The legislation is an attempt to walk the fine line between providing protection for the potential condominium purchaser and not unduly restricting the condominium developer's ability to shape his project as he sees fit.

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