Ohio Reserve Studies Under ORC 5311 and 5312

Ohio Reserve Studies Under ORC 5311 and 5312

Ohio governs condominiums through the Condominium Act at Ohio Revised Code Chapter 5311 and planned communities through the Planned Community Act at ORC Chapter 5312. Both chapters expect board fiduciary discipline and reserve funding consistent with governing documents. Neither names a state level reserve study cadence. The Ohio Attorney General consumer protection division handles HOA complaints, and the Ohio Department of Commerce licenses community managers.

What ORC 5311 and 5312 actually require

ORC 5311.081 and 5312.06 set board powers and responsibilities. Reserve obligations live in the master deed and bylaws. Annual financial disclosures must include reserve balances and contribution levels.

The framework rewards boards that maintain a current reserve study. The Attorney General consumer protection division receives recurring HOA complaints tied to surprise special assessments, and reserve documentation usually decides the outcome.

What good Ohio practice looks like

Four practices distinguish Ohio boards.

First, commission a reserve study every 3 to 5 years.

Second, document reserve decisions in minutes that survive an owner records request.

Third, separate operating and replacement reserves at the bank.

Fourth, follow CAI Ohio Heartland and CAI Northeast Ohio chapter bulletins for legislative and operational updates.

Recent Ohio developments

The Ohio General Assembly has considered HOA reform bills in recent sessions. None has introduced a state level reserve study mandate, but several have tightened transfer fee disclosures and lien priorities. Boards should track CAI Ohio updates each session.

What your board should do this quarter

Take three actions.

1. If your last reserve study is older than 5 years, contract a new one.
2. Confirm operating and reserve accounts are physically separate.
3. Read the latest CAI Ohio chapter legislative recap.

This is general information for board members, not legal advice. Consult your attorney for your specific situation.

How Manorway helps

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