Do Ohio and Kentucky have different condo association reserve requirements?

Ohio's Rule: Ohio law, under Ohio Revised Code §5311.081, requires condominium associations to budget reserves adequate to repair and replace major capital items without special assessments. The rule has important exceptions: the declaration or bylaws may limit the board's ability to raise assessments without a vote, or unit owners may waive the requirement annually by majority vote.

So in Ohio the requirement exists, but the association's own documents and its owners' votes shape how it applies in practice.

Kentucky's Rule: Kentucky's Horizontal Property Law requires co-owners to contribute toward a replacement reserve fund, but it does not specify a minimum percentage. The contribution requirement is real, while the amount is left to the association's judgment rather than set by statute.

That difference matters: Kentucky associations must fund reserves, but the sufficiency of that funding is a matter of association governance rather than a fixed legal threshold.

Reserve Studies in Both States: Neither state mandates a formal reserve study, though both permit one. A reserve study is a professional analysis of when major components will need replacement and how much the association should be setting aside each year to be ready. Associations that commission studies tend to manage reserves more predictably, but it is a choice, not a legal requirement, in either state.

When you compare buildings, the presence of a recent reserve study is a useful signal of how seriously the board takes its planning.

Why This Matters to Buyers: The reserve picture shapes your costs as an owner. A well-funded association handles big-ticket items from reserves, keeping dues predictable and special assessments rare. A thinly funded one may look affordable today and then hit owners with an assessment when the roof or the elevator needs work.

Reading the reserve position alongside the budget tells you which kind of association you are joining, on both sides of the river.

A Buyer's Checklist: Before buying a condo in Ohio or Kentucky, ask about the reserve fund and how it is funded, whether owners have waived the reserve requirement, whether any special assessments are recent, outstanding, or planned, and whether the association has commissioned a reserve study. The answers, together with the minutes and budget, give you the real financial picture.

These are the same questions we raise on every condo purchase, because the answers shape the true cost of ownership.