Ohio Condo Due Diligence Checklist

Where Ohio due diligence deserves the most attention

Legal Framework

Condominiums: Governed by the Ohio Condominium Property Act, ORC Chapter 5311 (ORC §§5311.01 et seq.). The modern act dates from House Bill 135 (effective July 20, 2004), which overhauled the statute, and was substantially modernized by Senate Bill 61 (effective September 13, 2022). It applies to all condominium property created by recording a declaration and drawings under §5311.05–.07, with bylaws under §5311.08. Governance powers and the reserve mandate are in §5311.081. (Source: codes.ohio.gov §5311.081; Justia ch.

Reserve Studies and Reserve Funding

The annual waiver requirement (added/clarified by SB 61, 2022, which removed the older "minimum 10%" formula) means a waiver lapses each year and must be re-voted — a documentable governance event. A buyer should ask whether reserves have been waived, and if so, how many consecutive years.

Structural Inspections and Building Safety

Cleveland — Codified Ordinance §3143.02: Buildings 5 stories or 75 feet (whichever shorter) and 30 years or older, with a protected distance ≤ building height, must have façades/exterior walls inspected by a qualified inspector every 5 years, reported to the Director of Building & Housing, and classified "safe," "safe with a repair/maintenance program," or "unsafe" (ASTM E2270 standard). (Source: codelibrary.amlegal.com Cleveland §3143.02; facadeordinance.com/cleveland.); Columbus — Critical Observation program (Ch.

Insurance Requirements and Insurance-Market Risk

Property insurance ("fire and extended coverage") on all buildings and structures of the condominium property in an amount not less than 90% of replacement cost (excluding land/foundations as customary).; Liability insurance covering unit owners, tenants, and persons lawfully in possession against personal injury / property damage arising from the common elements.; Fidelity / crime / dishonesty coverage for any person who controls or disburses association funds (strengthened by SB 61, 2022).

Resale Disclosures and Buyer Cancellation Rights

1. Developer/New-Construction Disclosure — ORC §5311.26: A developer selling a unit in a new condo development must provide a condominium development disclosure statement ("fully and accurately" disclosing all material features), including a 2-year operating-budget projection, management provisions, encumbrances/liens, and a conspicuous statement of the purchaser's right to review the condominium instruments and to void the contract, plus rescission rights under §5311.27. This applies to initial sales by the declarant/developer, not to ordinary resales.

Assessments, Special Assessments, and Borrowing

`special_assessment_pending` – Board approved/proposed a special assessment.; `special_assessment_history_heavy` – Repeated specials in prior years (chronic underfunding signal).; `assessment_increase_requires_owner_vote` – Declaration conditions increases on owner vote (Exception #1 trigger).; `association_loan_outstanding` – Association has assigned assessments/income as loan security.