When associations amend their governing documents, not only must the amendment be approved in the manner prescribed by the governing documents, but it must also comply with both State and County recording requirements. Counties often have additional requirements beyond those included in the State statute. If an amendment does not comply with all requirements, the County will refuse to record the amendment. Accordingly, each amendment filing must be evaluated carefully before it is sent to the County for recording.
Ohio’s recording statute, Ohio Revised Code Section 317.114, has the following requirements for documents to be recorded:
- Print size must not be smaller than size ten;
- The minimum paper size must be eight and one-half inches by eleven inches, but cannot be larger than eight and one-half inches by fourteen inches;
- Only black or blue ink may be used;
- No highlighting may be on the document;
- Margins must be one-inch width on each side and one-inch width across the bottom of each page;
- A three-inch margin of blank space must be across the top of the first page to accommodate any certification or endorsement of the county engineer, county auditor, or county recorder and;
- A one and one-half-inch margin of blank space must exist across the top of each of the remaining pages of the document to accommodate any certification or endorsement of the county engineer, county auditor, or county recorder.
It is imperative that every detail, from paper size to margins and font size, adhere precisely to these requirements. Failure to do so may result in additional fees imposed by the County Recorder for filing. It is important to note that these specifications are for the state alone. Individual Counties may introduce their own unique demands, such as permanent parcel numbers, additional documentation for their internal processes, or other legal considerations, all of which must be assessed based on the association’s history of amendment filings.
Filing the amendment document with the County represents the final step in the amendment process. Meeting all existing requirements is essential for obtaining the esteemed County Recorder’s stamp, rendering the amendment a valid and effective document.
