SmartProperty® helps Ohio condominiums and HOAs plan and fund reserves under a law that asks for “adequate” reserves but doesn’t define the number. A study gives your board a defensible answer, whether or not owners vote on a waiver.
Adequate reservesRequired in the budget (ORC 5311.081 for condos, 5312.06 for planned communities)
Annual waiverOwners can waive in writing each year, by a majority of total voting power
Jan 4, 2027Fannie Mae’s 15% reserve minimum takes effect for condo loans
WHAT OHIO REQUIRES
Ohio requires adequate reserves. Owners can vote to waive them.
Condominiums and planned communities follow nearly parallel statutes. A study isn’t mandated, but without one the board has no basis for what “adequate” means.
ORC 5311.081 · ORC 5312.06
Reserves “adequate” to avoid special assessments
The budget must include reserves adequate to repair and replace major capital items in the normal course of operations without special assessments.
The statute, as amended by Senate Bill 61 (effective September 13, 2022), sets no percentage and relies on this qualitative standard.
The statute doesn’t require a reserve study, and doesn’t say how to calculate “adequate.”
THE WAIVER · ANNUAL, WRITTEN, MAJORITY OF ALL VOTES
A higher bar than it looks
Owners holding at least a majority of the association’s total voting power must waive the requirement in writing.
It’s a majority of all voting power, not a majority of those present or of a quorum.
The waiver lasts one year. If it fails, the board must adopt a budget with adequate reserves.
A waiver changes the statute. It doesn’t change the roof.
A failed waiver leaves the board unprepared
If owners don’t reach a majority of total voting power, the board has to adopt adequate reserves right away. Without a study, it’s calculating that number from scratch.
A waiver doesn’t satisfy lenders
A waived budget with little or no reserve contribution can make condo units ineligible for conventional financing. Fannie Mae’s 15% reserve minimum applies to loans dated on or after January 4, 2027, or the budget must fund a current study’s highest recommended contribution.
Winters wear on paving and concrete
Our guide points to Ohio freeze-thaw cycles as rapidly degrading concrete and asphalt, and recommends a site visit at least every three years. Waiving the funding doesn’t waive the deterioration.
HOW SMARTPROPERTY HELPS
Compliance is the floor. Funding stability is the goal.
Full reserve studies and updates
A site-inspected study to start, then updates as costs and conditions change, so the board always has a current plan.
A plan that stays current
The Living Reserve Study® updates as projects are completed and costs change, so your plan is ready for the next update or budget.
Funding options the board can compare
Model higher contributions, special assessments, loans or lines of credit side by side before you take a recommendation to owners.
Numbers you can explain
Atlas shows the cost data and useful-life assumptions behind every figure, so boards can answer owner questions with confidence.
TALK WITH SMARTPROPERTY ABOUT OHIO
Get your Ohio reserve plan on solid ground.
See how the Living Reserve Study® works for your community, or tell us about your association and we’ll put together a proposal.
Photo via Wikimedia Commons: Cleveland skyline: Erik Drost, CC BY 2.0. Ohio law summary is not legal advice. Confirm your association’s obligations with Ohio counsel.