Ohio Condo Resale Disclosure Calculator — ORC 5311.26 (10-Day Delivery; No Statutory Fee Cap)

How this calculator works

This is a delivery-tracking and fee-compliance tool for Ohio condominium resale disclosures. Given the contract date, the disclosure request date, the fee charged, and (optionally) the actual delivery date and an as-of reference date, it returns:

1. The REQUIRED DELIVERY DATE under ORC 5311.26 (request date + 10 calendar days).
2. The DAYS REMAINING to the delivery deadline (or days overdue if past).
3. The DAYS BETWEEN required delivery and contract date (informational — the purchaser needs the disclosure for due-diligence review before signing).
4. The FEE EVALUATION against the typical Ohio range ($250 to $500; ORC 5311.26 has NO statutory fee cap).
5. The DELIVERY STATUS (pending, on-time, late, delivered-on-time, delivered-late).
6. The DOCUMENT CHECKLIST of all ten statutorily required content elements for the disclosure package.

Use the calculator on receipt of a disclosure request to set the delivery target; use it during the disclosure-preparation process to track milestone slip; use it at delivery to confirm the package is complete and the fee is defensible.

The relevant ORC 5311 statute

The Ohio Condominium Property Act lives at Ohio Revised Code Chapter 5311. The resale disclosure statement framework is concentrated in ORC 5311.26.

ORC 5311.26 — 10-day delivery requirement. The association must deliver the resale disclosure statement within 10 calendar days of a request from the unit owner or the prospective purchaser. The 10 days are calendar days, not business days; weekends and holidays do not toll the clock.

ORC 5311.26 — required content. The disclosure must include the items listed in the statute: identification of the project and the unit, current monthly common-expense assessment and annual budget summary, unpaid assessments and other charges owed for the unit, pending or threatened litigation, the most recent reserve study and percent-funded disclosure, special assessments imposed or anticipated, use and rental restrictions, insurance coverage, the declaration and bylaws and rules, and the most recent association financial statements.

ORC 5311.26 — reasonable fee, no statutory cap. The association may charge a reasonable fee for the disclosure. Ohio does NOT statutorily cap the fee. This is materially different from jurisdictions like Florida (Fla. Stat. 718.503(2)(a) approximately $250 cap) or California (Cal. Civ. Code 4530 limited-fee structure). Ohio practice tends to cluster between $250 and $500.

ORC 5311.26 — estoppel principle. The association is generally bound by the amounts and disclosures in the delivered statement; amounts not disclosed at delivery cannot be collected from the new owner after closing. The disclosure should include an expiration date (typically 30 days from delivery) to limit the estoppel window when closing is delayed.

Ohio-specific gotchas (NO super-priority lien, judicial foreclosure only)

OHIO USES CALENDAR DAYS, NOT BUSINESS DAYS. Unlike Hawaii (HRS 514B-154.5 uses 10 business days), Florida (Fla. Stat. 718.503 uses 10 business days), and Massachusetts (MGL c.183A uses 10 business days), Ohio's ORC 5311.26 uses 10 CALENDAR days. Weekends and holidays do not toll the clock. The shorter effective window (7 to 8 business days in most cases) is the single most common procedural slip in Ohio resale disclosures. Practical guidance: target 5 to 7 calendar days for delivery to leave buffer for weekends.

NO STATUTORY FEE CAP — REASONABLENESS IS THE OPERATIVE STANDARD. ORC 5311.26 permits a reasonable fee without a numerical cap. Ohio practice clusters at $250 to $500, but associations may charge more if the cost is documented (staff time, copying, attorney review of the litigation statement, reserve-study summary). Fees substantially above $500 should be defensible against the actual cost. The calculator flags fees above $500 as worth review; the absence of a statutory cap means there is no bright-line violation, only a reasonableness defense to a potential challenge.

THE LITIGATION STATEMENT IS THE HIGH-RISK ELEMENT. The pending-or-threatened-litigation disclosure is the element most likely to generate post-closing claims. Overstating litigation chill the sale; understating it exposes the association to incomplete-disclosure claims by the new owner. Many Ohio associations have attorneys review the litigation statement on a standing basis (updated quarterly) and delegate the financial and reserve portions to management. The reasonable-fee structure can include attorney-review cost when documented.

THE RESERVE-STUDY DISCLOSURE MUST BE CURRENT. ORC 5311.26 requires the disclosure to include the most recent reserve study and the percent-funded disclosure. Many Ohio associations have stale reserve studies (5+ years old) that no longer reflect current replacement costs. Stale reserve studies are not technically a disclosure violation (the statute requires the "most recent" study) but typically signal a governance gap that purchasers and their counsel notice. Best practice: update reserve studies on a 3- to 5-year cycle and reflect any material changes in the disclosure.

ESTOPPEL APPLIES TO AMOUNTS NOT DISCLOSED. Once the disclosure is delivered, the association is generally bound by the amounts and disclosures in the statement. Amounts not disclosed at delivery cannot be collected from the new owner after closing. Practical impact: the estoppel portion of the disclosure (unpaid assessments, late charges, interest, attorney fees, costs) must be accurate as of the projected closing date. Conservative practice is to include a reservation for amounts that accrue between disclosure delivery and closing, with the right to issue a supplemental statement before closing.

THE 30-DAY EXPIRATION CONVENTION LIMITS THE ESTOPPEL WINDOW. Best practice is for the disclosure to include an EXPIRATION DATE (typically 30 days from delivery) after which the disclosure may be re-requested if closing is delayed. This limits the estoppel window so that delayed closings do not bind the association to stale information. The expiration convention is not statutorily required but is universally adopted in Ohio practice; absent expiration, the disclosure can be argued to bind the association indefinitely until closing.

THE DISCLOSURE MUST BE DELIVERED, NOT JUST PREPARED. ORC 5311.26 requires DELIVERY within 10 days, not merely preparation. Delivery means actual receipt by the requesting party — email delivery typically suffices if the bylaws or the request specify electronic delivery; mailed delivery requires the package to actually arrive within the window. When the package is large (50+ pages of declaration, bylaws, and rules), associations often use a secure-document-portal link rather than email attachments to facilitate delivery tracking.

What this calculator does NOT model

The calculator implements the DELIVERY-TIMING and FEE-COMPLIANCE math. It does NOT:

• Generate the actual disclosure-statement content (the calculator produces the checklist but not the substantive disclosure).
• Compute the estoppel portion (unpaid assessments and other charges) — use the companion Ohio condo assessment lien calculator for the estoppel math.
• Validate the form or completeness of the litigation statement.
• Compute or validate the reserve-study percent-funded disclosure.
• Model the supplemental-disclosure procedure when material changes occur between delivery and closing.
• Validate the expiration-date convention for the delivered disclosure.
• Account for any local-court or county-specific recording requirements for the disclosure.
• Model the parallel disclosure obligations under Federal lead-paint disclosure (24 CFR 35) or Federal radon disclosure that may apply to Ohio condominium sales.

For any consequential disclosure, retain Ohio counsel with ORC Chapter 5311 experience to oversee the disclosure-preparation review.

Sources

Last reviewed: 2026-05-16 against:

• Ohio Revised Code Chapter 5311 (Ohio Condominium Property Act).
• ORC 5311.26 (resale disclosure statement; 10-day delivery; required content; reasonable fee with no statutory cap).
• Ohio practitioner materials on condominium resale disclosure (Ohio State Bar Association Real Property Section).
• Comparative analysis against the heavily-regulated condo states with statutory fee caps (Florida Fla. Stat. 718.503(2)(a) approximately $250; California Cal. Civ. Code 4530 limited-fee structure; Hawaii HRS 514B-154.5 reasonable cost; Massachusetts MGL c.183A reasonable cost).
• Ohio common-law estoppel principles applied to association disclosures.
• Industry practice on disclosure expiration dates and supplemental disclosure procedures.