Ohio • Special assessment notice
Special assessment on your Ohio condo — and the reserve waiver behind it
Ohio's reserve law sounds protective but has an annual escape hatch, and that loophole — 'condominium roulette' — is the source of most Ohio special assessments. Whether your board funded reserves or waived them is the question.
The short answer
Ohio requires reserves 'adequate to avoid special assessments' — but owners can WAIVE that funding every year by majority vote (§ 5311.081), which is how surprise five-figure assessments happen. The board can levy specials unless your declaration requires a vote, with no cap. CondoSignal reads your notice against the Condominium Act. Free.Ohio at a glance
Reserve funding
Annually waivable
Majority vote (§ 5311.081).
Owner vote
Per declaration
Board may levy; no cap.
Façade inspection
3 metros
Cleveland/Columbus/Cincinnati.
Super-lien
None
Lien junior to the first mortgage.
The reserve mandate and its loophole
Ohio requires associations to keep reserves 'adequate to repair and replace major capital items without special assessments' (§ 5311.081) — but owners can waive that funding each year by majority vote, or the board is excused if the declaration caps assessments. With no reserve-study requirement and no numeric definition of 'adequate,' many associations run thin and then hit owners with sudden five-figure assessments.
Board authority, with due process for fines
The board can levy a special assessment unless the declaration requires an owner vote, and there's no statutory cap. For fine-type charges, Ohio requires 10 days' notice, a hearing right, and written notice of the charge (§ 5311.081(C)). A capital special assessment for a failed roof or façade, though, generally rests on the board's authority plus your declaration.
Façade inspections and no super-lien
Cleveland, Columbus, and Cincinnati require periodic façade inspections on tall or older buildings, and an 'unsafe' classification translates into a large assessment. Ohio is also not a super-lien state (§ 5311.18), so high delinquency hurts the association's recovery and circles back to owners. The state disclosure form gives a 3-day cancellation right.
Your rights in Ohio
Ohio owners can waive (or fund) reserves by annual vote, get due process on fine-type assessments (§ 5311.081), and a 3-day cancellation right on the state disclosure form. None of this is legal advice — confirm against ch. 5311/5312 and Ohio counsel.
What to check
- Check whether owners waived the reserve requirement this year (or prior years).
- Read the declaration for any owner-vote requirement on specials.
- For Cleveland/Columbus/Cincinnati, check the façade-inspection status.
- Compare reserves to the building's major-component needs.
- Confirm fidelity coverage for those handling funds (§ 5311.16).
- Watch delinquency (no super-lien — weaker collection).
Sources
- ORC § 5311.081 — board duties; reserves; fine procedure(High)
- ORC § 5311.18 — lien for common expenses(High)
- ORC § 5311.16 — condominium insurance(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Ohio-licensed professional.
FAQ
Frequently asked questions
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