Special assessment on your Ohio condo — and the reserve waiver behind it

Ohio at a glance

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.

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.