State Requirements
Ohio takes a refreshingly concrete approach to reserves: it puts an actual number in the statute. Rather than the vague "adequate reserves" language many states use, Ohio condos and HOAs face a default 10%-of-budget reserve requirement — with an owner waiver option. Here's how the rule works and what it means for boards.
General information, not legal advice — confirm specifics with Ohio community-association counsel.
Ohio's condominium law (Ohio Revised Code Chapter 5311) and its planned community law (Chapter 5312) require associations to establish and maintain reserves. The defining feature is a concrete benchmark: associations must fund reserves with contributions of at least 10% of the annual budget, unless the owners vote to waive or reduce that funding.
This is unusual and useful. Most states leave "adequate" undefined and leave boards to defend their judgment; Ohio gives a clear default floor. A board that funds reserves at 10% of budget has met the statutory baseline without having to argue about what "reasonable" means. (How that compares to other states' approaches.)
The 10% requirement isn't absolute — owners can vote to waive or reduce it. This makes Ohio's rule a default rather than a hard mandate: reserves are funded at 10% unless the membership affirmatively decides otherwise.
The waiver is a double-edged tool. It gives communities flexibility — a brand-new development with few near-term obligations, or a community that has built strong reserves, might reasonably reduce contributions for a period. But it also lets a community vote to underfund itself, choosing lower dues today over preparedness tomorrow. A board facing waiver pressure should make the trade-off explicit: a waiver doesn't eliminate future repair costs, it just shifts them toward a future special assessment. (The true cost of underfunding.)
Here's the crucial nuance Ohio boards should internalize: 10% of the annual budget is a minimum contribution rate, not a measure of whether reserves are actually adequate. A community could contribute exactly 10% every year and still be badly underfunded if its components are aging faster than that rate accumulates money — or comfortably funded if its obligations are light.
The 10% rule answers "are we contributing the statutory minimum?" It does not answer "will we have enough when the roof needs replacing?" Only a reserve study answers that second, more important question by measuring percent funded against actual component obligations. Smart Ohio boards treat 10% as the legal floor and use a study to determine what they actually need — which is often more. Notably, the GSE financing rules now expect 15% for condos, so Ohio's statutory 10% no longer even clears the conventional-lending bar.
A reserve study calibrated to Ohio's freeze-thaw reality runs differently from one built on national defaults — components here tend toward the shorter end of their life ranges.
Ohio's 10% rule is clearer than most states' vague "adequate reserves" language — but clarity can mislead if boards mistake the minimum for the goal. The communities that fund to a study-based target, using 10% as a floor rather than a finish line, are the ones that stay genuinely prepared. For the funding framework, see HOA Reserve Funding.