WEST VIRGINIA RESERVE STUDY LEGISLATION

Ohio Condominium Law Reserve Funds & HOA Reserve Requirements (2026 Guide)

December 15, 2025

Ohio has some of the clearest reserve funding rules in the country, but they are often misunderstood. Many boards still think of reserves as optional or treat 10 percent of the budget as a magic number. 

In reality, Ohio’s condominium and planned community statutes require boards to budget reserves in an amount that is adequate to repair and replace major capital items without surprise special assessments, unless owners consciously vote each year to waive that requirement.

At the same time, Ohio does not mandate reserve studies by law. That does not mean you can ignore them. A professional reserve study is the most reliable way for an Ohio board to prove its reserves are “adequate,” set contributions above the 10 percent floor where necessary, and give owners the information they need if reserves are to be waived. 

This guide explains exactly how Ohio condominium law reserve funds work, what Ohio HOA reserve requirements look like in practice, and how your board can use reserve studies and better tools to stay ahead of the law instead of reacting to crises.


Legislation Link
Ohio Condominium Act - Ohio Revised Code 5311.081

Ohio Planned Community Act - Ohio Revised Code 5312.06

Are reserve studies required in Ohio? No. Ohio law does not require condominium or HOA boards to commission a reserve study. However, state law does require both condos and most planned communities to maintain reserve funds at a level that can handle major repairs and replacements without special assessments, unless owners vote annually to waive that requirement. A professional reserve study is the most practical way to show your reserves are truly “adequate.”
Does Ohio condominium law require reserve funds? Yes. Under Ohio Revised Code 5311.081, condominium boards must adopt budgets that include reserve funds in an amount adequate to repair and replace major capital items in the normal course of operations, without relying on special assessments. The statute also says the amount set aside annually for reserves cannot be less than 10 percent of that year’s total budget unless owners vote each year to waive the reserve requirement.
What about Ohio HOAs and planned communities - are their reserves required too? Yes. The Ohio Planned Community Act (ORC 5312.06) requires owners associations (most HOAs) to adopt annual budgets that include reserves adequate to repair and replace major capital items, again without the need for special assessments, unless owners vote each year to waive the reserve requirement. There is no fixed percentage in the statute for HOAs, but the same “adequate to avoid special assessments” standard applies. 
Can owners in Ohio vote to waive reserve funding? Yes. Both the Condominium Act and Planned Community Act allow the membership to waive the reserve requirement each year by a vote of owners holding at least a majority of the association’s voting power. If reserves are waived, owners must expect a higher risk of special assessments and more difficult financing, and sellers may need to disclose that reserves are not being fully funded.

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Overview of Ohio reserve funding laws

The most frequent question Ohio board members ask is: how much do we legally have to save, and what happens if we do not? 

Ohio answers this with two companion statutes:

  • The Ohio Condominium Act (ORC Chapter 5311) governs condominium associations.
  • The Ohio Planned Community Act (ORC Chapter 5312) governs most detached-home HOAs and other planned communities.

Both statutes require boards to adopt budgets that include reserves in an amount adequate to repair and replace major capital items in the normal course of operations without relying on special assessments, unless owners vote annually to waive reserves.

There is no statutory requirement to perform a reserve study, but reserve funds themselves are not optional unless the membership waives them. Boards either fund reserves properly, or they must get an annual vote acknowledging that owners accept the risk of under-funded reserves and potential special assessments.

Are reserve studies required in Ohio?

Ohio law is clear on this point: reserve studies are not mandated for either condominiums or HOAs. The statutes speak in terms of “adequate” reserves, budgets, and waiver votes - they do not prescribe engineering reports or specific study formats. (Ott & Associates Co., LPA)

However, top Ohio community association law firms are blunt: without a reserve study or equivalent analysis, it is nearly impossible for a board or owners to know whether reserves are adequate or what exactly is being waived. 

A reserve study lists each major component (roofs, pavement, siding, mechanical systems), estimates useful life and replacement cost, and calculates the annual reserve contributions needed so that funds are available when each item fails. (Kaman & Cusimano)

In practical terms, an Ohio board that refuses to get a reserve study is choosing to guess at adequacy. That may technically comply with the “no study required” language, but it increases the risk of miscalculating needs, levying large special assessments later, and facing owner disputes or even legal challenges over budget decisions.

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Ohio condominium law reserve funds (ORC 5311.081)

For condominiums, Ohio Revised Code 5311.081(A)(1) sets three key expectations:

  • The board must adopt and amend budgets for revenues, expenditures, and reserves.
  • The reserves must be adequate to repair and replace major capital items in the normal course of operations without the need for special assessments.
  • The amount set aside for reserves each year cannot be less than 10 percent of that year’s total budget unless owners exercising a majority of the association’s voting power vote annually to waive that requirement. 

Many boards mistakenly think the law simply requires them to put 10 percent of the budget into reserves. Leading Ohio condo firms have repeatedly clarified that this is wrong. 

The real requirement is “adequate” reserves to avoid special assessments; the 10 percent language is only a floor in situations where adequacy would otherwise be less than 10 percent. 

For example, if a new high-rise condo has a $1,000,000 annual budget and a professional reserve study says it needs $180,000 per year to build a fully funded reserve plan, the board cannot choose to fund only $100,000 just because 10 percent of the budget is $100,000. 

Adequate funding in this scenario is 18 percent of the budget, and the board must either fund that amount or get owners to formally waive reserves for that year.

Reserve requirements for Ohio HOAs and planned communities (ORC 5312.06)

For planned communities and typical Ohio HOAs, ORC 5312.06 requires the owners association to:

Annually adopt an estimated budget for revenues and expenditures.

Include reserves in that budget in an amount adequate to repair and replace major capital items without the necessity of special assessments, unless the owners, exercising at least a majority of the voting power, vote annually to waive the reserve requirement.

Unlike the condominium statute, the Planned Community Act does not set a specific percentage such as 10 percent. Adequacy is entirely tied to the community’s actual capital items - roads, amenities, retaining walls, common facilities, and so on. 

A small HOA with only an entry sign and landscaping will have a very different “adequate” reserve number than a large, amenity-heavy planned community with pools, clubhouses, and private roads.

Again, Ohio law does not require a reserve study, but legal commentators emphasize that a reserve study is the most straightforward way to determine what “adequate” means in your specific community and to explain that number to owners when they are asked to waive funding.

Annual waiver votes and the risk of under-funded reserves

Both statutes give owners the power to waive reserve funding, but only by a conscious, documented majority vote every year. If a board simply omits reserves from the budget without obtaining that vote, it is out of compliance with Ohio law.

If your association is considering a waiver:

  • Owners must be told what they are waiving - ideally with a reserve study or equivalent cost estimates attached.
  • The vote must represent a majority of the association’s voting power, not just a majority of those present at a meeting.
  • The waiver only applies for that fiscal year. Next year requires another vote if reserves will again be under-funded.

Waiving reserves can keep assessments lower in the short term, but it sharply increases the risk of large special assessments and can affect mortgage approvals and resale values. Lenders and buyers increasingly ask for reserve information and, in many cases, want to see that reserves are being funded in line with a professional study.

Condo association reserve fund guidelines in Ohio

In Ohio, there is no single percentage that works for everyone beyond the 10 percent minimum for condominiums. Instead, boards should think in terms of:

  • Adequacy: Will reserves, if funded as budgeted, allow you to repair and replace major items over their life cycles without resorting to special assessments, assuming no major surprises?
  • Time horizon: A 20- to 30-year projection is standard in professional reserve studies and lines up with how lenders look at association health.
  • Risk tolerance: Some boards target “fully funded” reserves; others accept a baseline funding approach where reserves sometimes drop low but never to zero over the projection period.

For many Ohio condos and HOAs with typical amenities, the result of a professional reserve study is often a recommended annual contribution in the 15-25 percent of budget range - sometimes higher for aging or amenity-heavy communities. 

The correct number for your association depends on your components, not a generic rule of thumb.

Step-by-step roadmap for Ohio boards

To turn Ohio’s HOA and condominium reserve requirements into concrete action, boards can follow a simple framework:

Step 1 - Confirm which statute applies.

Determine whether your association is a condominium (ORC 5311) or a planned community (ORC 5312). Mixed or master-association structures may have both types of components; in those cases, your attorney can clarify which rules apply to which parts of the property.

Step 2 - Commission or update a reserve study.

Even though Ohio does not mandate reserve studies, boards that want to stay out of trouble usually treat them as essential. Hire an experienced reserve study firm that works regularly with Ohio condos and HOAs. Make sure the study includes a full component inventory, useful life and cost estimates, and a 20- to 30-year funding plan.

Step 3 - Compare the study to your current budget.

Look at the annual reserve contribution recommended by the study and compare it to what you are actually setting aside. If your current contribution is below the recommended level, you are effectively under-funding reserves. Decide whether you will phase in increases toward full funding, or whether you will ask owners to waive reserves for a limited period.

Step 4 - Decide on waiver versus full funding.

If you choose full funding, build the recommended reserve contribution into your annual budget and explain the long-term savings to owners (fewer surprises, less risk of special assessments, better resale values). If you choose to waive reserves or fund below the recommended level, work with your attorney to prepare a clear ballot and disclosure so owners understand the risk.

Step 5 - Document decisions and keep owners informed.

Keep copies of reserve studies, waiver ballots, and owner notices as permanent records. Communicate the association’s reserve strategy in plain language - especially if you are under-funding reserves or using special assessments to catch up.

How PropFusion supports reserve planning for Ohio associations

Ohio’s legal framework sets the ground rules; PropFusion helps you execute. For boards, association managers, and reserve professionals working in Ohio, PropFusion can:

  • Organize all your component and cost data in one place, aligned with professional reserve study standards.
  • Model different funding levels - from fully funded reserves to phased-in increases or temporary under-funding - and show the long-term impact on balances and project timing.
  • Track your annual reserve contributions against what your study recommends, helping the board see whether it is staying aligned with the plan owners voted for.
  • Generate clear, board- and owner-friendly reports that break down Ohio reserve requirements and your association’s current status.

If you do not yet have a reserve study, PropFusion’s Ohio reserve study companies marketplace connects you with established providers who understand Ohio condominium law reserve funds, Ohio HOA reserve requirements, and local construction costs. 

From Ohio-specific legal context to day-to-day budgeting, you can manage everything in one integrated platform rather than juggling spreadsheets and separate PDFs.

FAQ

Are Ohio condo boards required to put exactly 10 percent of their budget into reserves?

No. The 10 percent figure in Ohio condominium law is a minimum, not a target. Boards must fund reserves at whatever level is adequate to repair and replace major capital items without special assessments. If that number is more than 10 percent, the board must either fund the higher amount or obtain an annual majority vote of owners to waive reserves.

Do Ohio HOAs have a fixed percentage reserve requirement like condos?

No. The Planned Community Act does not set a specific percentage. Instead, it requires HOAs to include reserves in their budgets in an amount adequate to repair and replace major capital items without special assessments, unless owners vote each year to waive that requirement. What counts as “adequate” will depend on your actual common elements and future projects. 

If our association has never had a reserve study, are we violating Ohio law?

Not automatically, because Ohio does not mandate reserve studies. But you may be at risk if your reserves are not actually adequate and you have not conducted any structured analysis. Without a reserve study or similar planning, it is harder to show that your board fulfilled its duty to adopt a budget with adequate reserves or that owners understood what they were waiving.

What happens if we do not get the annual vote to waive reserves but still under-fund them?

If you fail to include adequate reserves in the budget and you also fail to obtain a majority owner vote to waive the requirement, the association is not complying with Ohio’s reserve funding statutes. That can increase board liability, weaken the association’s legal position in disputes, and create problems with lenders and buyers who scrutinize your financials.

Can we rely on special assessments instead of funding reserves in Ohio?

Reserves exist precisely to reduce reliance on special assessments. Ohio law expects reserves to be budgeted in an amount that avoids special assessments for predictable capital replacements, unless owners waive that expectation. Persistent reliance on special assessments usually means reserves are not “adequate” and may invite scrutiny from owners, courts, and lenders.

How often should an Ohio condo or HOA update its reserve study?

Even though there is no statutory interval, most Ohio law firms and reserve professionals recommend updating reserve studies every four to five years, or sooner if there are major changes in components, costs, or projects. Regular updates keep your notion of “adequate” reserves aligned with current conditions and make owner votes on waiving reserves more informed.

Find a Reserve Study Company in Florida with PropFusion

Once you know what Florida law expects from your HOA, the next step is hiring the right reserve study firm. Through PropFusion’s Reserve Study Companies marketplace, your board can:

  • Submit one request describing your community and scope.
  • Get multiple proposals from vetted Florida reserve study providers.
  • Compare pricing, scope, and timelines side by side and choose who to work with.

We don’t give legal advice or pick a vendor for you - we simply make it faster and easier to find qualified reserve study companies that understand Florida HOAs.

The information contained on this page is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included on this page without seeking legal or other professional advice. The contents of this page contain general information and may not reflect current legal developments or address your situation. We disclaim all liability for actions you take or fail to take based on any content on this report.

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