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HowardB2 (Wisconsin)
Posts: 3
Posted:
Our condo association has had a reseve study and have built up a substantial reserve. The current board insists that we have to take unexpected repairs to common elements from the operating expense budget rather than the reserve. They say that we must adjust the reserve each year to the balance show in the cash flow analysis show in the reserve study. If we charge anything to the reserve that is not in the study we would only have to replace it right away. As a result if a large repair occurs they ask to increase the association fee to to cover the cost of the repair. Isn't this just defeating the whole purpose of a reserve? Are they using the cash reserve analysis in an incorrect manner? Do repairs that are not scheduled in the cash flow analysis have to be replaced immediately? Pleaese give me your input.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Howard,

I'm not sure what your calling an unexpected repair.

Depending on what you are calling an unexpected repair, Wisconsin Condominium laws, 703.18, specifies that

"Unless otherwise provided in the declaration, in the event of damage to or destruction of common elements of a condominium, the association shall promptly undertake to repair or reconstruct it to a condition compatible with the remainder of the condominium. All cost of the repair or reconstruction in excess of available insurance proceeds shall be a common expense."

Reserve funds are typically for the expected maintenance, repair and replacement of capital components and are addressed under Wisconsin law 703.163. Depending on what the unexpected repair was, it may or may not be proper to use the Reserve funds and make adjustments to correct the new life expectancy.

Examples:

1)You budget in the reserves the need to power wash the community buildings every 8 years.

At the 5 year mark you discover that planning to power wash every 8 years wasn't correct and it should be every 5 years. You should then power wash the buildings and adjust the amount set aside into the Reserves so power washing can be done every 5 years.

2)You budget in the reserves the need to power wash the community buildings every 8 years.

At the 3 year mark the complex was vandalized and you need to power wash grafietti off the buildings. In this case it would be permissible to pay for some of the cost of the power washing from the Reserves (the amount set aside for the last three years from the last power washing) and pay for the balance from the operating budget, contingency fund or through a special assessment.

3) You do not budget for power washing in your reserves.

Anytime the power washing is needed, it would come out of the operating fund, contingency fund or a special assessment.

Hope this helps,

Tim
KellyM3 (North Carolina)
Posts: 2,239
Posted:
"Our condo association has had a reseve study and have built up a substantial reserve. The current board insists that we have to take unexpected repairs to common elements from the operating expense budget rather than the reserve. They say that we must adjust the reserve each year to the balance show in the cash flow analysis show in the reserve study. If we charge anything to the reserve that is not in the study we would only have to replace it right away. As a result if a large repair occurs they ask to increase the association fee to to cover the cost of the repair. Isn't this just defeating the whole purpose of a reserve? Are they using the cash reserve analysis in an incorrect manner? Do repairs that are not scheduled in the cash flow analysis have to be replaced immediately? Pleaese give me your input."

Howard,

If you're conceding your HOA has large reserve funds, I say that's highly positive.

I agree with your board's attempts to tap the reserve funds as a last resort, even if an unexpected expense would qualify for a reserve fund cash withdrawal. It tells me the board will cut the "frills" out of monthly budgeted spending to tackle the bigger ticket capital replacement while preserving your cash savings. This strategy by your HOA board places a special assessment or loan as a 3rd, worst-case option. Many HOAs are forced into debt or reserve withdrawals as the first option. Making repairs and replacements with regular cash flow, if possible, is positive in my view.

In seeking dues increases with the stated purpose of replenishing lost reserves - I can support that with additional information. #1. HOAs can build large reserve funds by being lucky on capital expenses even though the HOA isn't saving enough cash in monthly deposits to build the reserve fund in a financially healthy way. My HOA is like that. We'd go stretches where we're "lucky," then get SLAMMED by an expense that takes the cash levels low. #2 - HOA's can lift dues slowly while tightening the operations budget, creating more savings towards reserves. My board is currently following that strategy by reducing spending where we can and adjusting the monthly dues in line with the measured inflation rate. Either way, your HOA directors are telling your their purpose of dues increases - reserve fund strengthening. That's good. Most boards would like more flowers or projects that raise your regular operating budget, not protect what you're already enjoying in your community.

The whole purpose of a reserve fund, from my position, is to cover capital expenses but not regular maintenance. You certainly can, and should, plan for tapping reserve funds for HOA projects ahead of time; it gives the HOA control over its "destiny" with amenity replacement as best possible. The reserve fund is your best defense against special assessment - the worst-case scenario short of watching your property crumble for lack of maintenance funding. So, not raising dues or not linking dues increases to Reserve Fund replenishment weakens that financial protection. Many boards choose a weaker reserve fund to enjoy lower monthly dues, but it's a false security. Pay regular increases a bit higher than you feel is comfortable as insurance (through stronger Reserve Funds) or keep monthly payments lower in cost, which reduces reserve deposits and face a higher probability of special assessment. Special assessments are viewed as very poor budget planning and spending in most cases.

There's no cheap way out and no way "other people" can subsidize large HOA expenditure. On the surface, I think your HOA is acting very prudently and should have your support as long as they communicate with you (as it appears) and work in a transparent fashion (as it also appears because you're very informed). Reserve Funds are the most unglamorous part of an HOA budget. They fund those things that residents expect to work all the time without exception. When was the last residents showed appreciation for shingles and asphalt and good plumbing as opposed to the attention generated by roof leaks, pipe leaks and pot holes?

I think you have a responsible board.
HowardB2 (Wisconsin)
Posts: 3
Posted:
In this case a water leak orginating inside the condo walls caused damage to a unit which ran into the $1,000 of dollars. It was not scheduled in the reserve study but I think would qualify as a repair and would be eligble to be charged to the reserve under state statutes. Therein lies the problem. The board contends that since it was not in the reserve study it cannot be funded from the reserve since their position is it would have to be replaced immediately and therefore why not just charge it to the operating account. As a result they raised the monthly fee to cover it.
SusanW1 (Michigan)
Posts: 5,202
Posted:
This sounds like an insurance issue.

There should be an emergency fund that would cover any deductible within your budget.
SusanW1 (Michigan)
Posts: 5,202
Posted:
This sounds like an insurance issue.

There should be an emergency fund that would cover any deductible within your budget.
HowardB2 (Wisconsin)
Posts: 3
Posted:
It is not insured since it was under the deductible. Once again this is a repair not a maintenance item that under the state reserve statute can be properly charged to the reserve not to the operating budget.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Howard,

If it wasn't planned for in the Reserves then, in my opinion, reserve monies should not be used for it (even if the law allows). This is because you will need to make up any money taken out in order to cover the expenses the Reserves did plan on.

If your Association doesn't have one, you might want to look at establishing a contingency fund to cover things like this. It could also be used to cover insurance deductible.

For your specific issue, I agree with Susan, this is an insurance issue. I also agree with your President and if the Association doesn't have enough money set aside to cover the insurance deductible then an increase in assessments and/or a special assessment would be warranted.

Use this issue as a learning event and have your Association establish a contingency fund (like reserves) for the unexpected repairs and/or budget shortfalls.
SusanW1 (Michigan)
Posts: 5,202
Posted:
In SOME circumstances, a loan can be taken out against the Reserve Fund BUT it must be paid back.

I still say that your board should have had an Emergency Fund (in the amount to cover insurance deductible) tucked away in an account and used when needed.

Our HOa bylaws say we must have a Reserve Fund, operating fund, and an emergency fund (in the amount set by the amount of insurance deductible.)

KellyM3 (North Carolina)
Posts: 2,239
Posted:
We've had a loan against our Reserve Fund for several years. It can be a useful tool in lieu of a special assessment but the devil is that future reserve fund deposits will be lower because you're making payments on the loan debt.

Also, many posters on this forum are very educated about HOA matters but you might be surprised at the confusion among HOA directors in regards to Reserve Funds. Many people think if you're saving into a reserve (or more), that you're actually profiting off the HOA dues payers and tucking the money into a savings account - creating the need for no new dues increases. My top lesson as an HOA president is that people want others to subsidize their amenities, they're not big supporters of preventative maintenance if it costs money and they get angry when they don't have money to make emergency repairs NOW!
RichardB19 (Washington)
Posts: 2
Posted:
Our guidelines are if you are maintaining/ repairing a common asset, the board can make the decision to use reserves. If its a significant amount, then talk to a reserve analyst and raise dues to replenish the reserve balance and get you back on track.

One of the posters mentioned having a emergency fund, other than having enough money to cover your insurance deductible, it make no sense to me to have more association money tied up in an emergency account.

//Rick
http://paccrestreserves.com/
BradP (Kansas)
Posts: 2,640
Posted:
i don't know a lot about this, but is it permissble to borrow if you have a plan to replace? For example, it may be hard to pass a special assessment, however, the board does have the authority to raise dues x percent each year. Couldn't they borrow with the promise to raise dues till it is repaid?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RichardB19 on 01/09/2012 10:46 AM

One of the posters mentioned having a emergency fund, other than having enough money to cover your insurance deductible, it make no sense to me to have more association money tied up in an emergency account.

//Rick
http://paccrestreserves.com/

Rick,

Two years ago we had a much larger than average snowfall. Our normal 6K budget for snow removal cost us over 20K that year. Had we not had a contingency fund to cover that budget shortfall, we would have needed to have the membership approve a special assessment. When the membership gets to vote on any increase in assessments or a special assessment there is no guarantee that they will approve it.

I do agree with you that there should be a limit on how high the contingency fund should be.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Brad,

Check your by-laws. A special assessment approved by an HOA and a HOA-approved loan are, functionally, the same thing. They bail out, normally, an under-funded Reserve Fund. My HOA by-laws require the same petitioning requirements for loans and assessments.

Assessments cause immediate pain with no pinch on cash flow

Loans don't require dues payers to open their wallets BUT restrict the HOA's ability to spend or save money because you've created a rather expensive monthly payment for the life of the loan.

We have a loan and have had one for several years due to our pool almost falling apart last decade. It cut our ability to save for reserves by more than 50% - it's walking a tightrope for the sake of not assessing property owners for the immediate cash or letting them deny the repair through direct vote and closing the amenity.
RichardB19 (Washington)
Posts: 2
Posted:
Tim,

Obviously each association needs to look at there situations and plan accordingly. Obviously if your snow removal costs are going to vary greatly and unpredictably, a responsible board is going to look at having some fund. There is no reason why this couldn't be part of reserves.

Kelly,

If the association has money in reserves, there is no reason why it couldn't "borrow" from reserves. Obviously this is something that board would have to approve but it would be cheaper to borrow from reserve and pay back via special assessments.

//Rick
http://paccrestreserves.com

KellyM3 (North Carolina)
Posts: 2,239
Posted:
I see what you're saying......

The HOA board has to work to greatest service and benefit of the dues payers. If that means tapping reserves for rare and expensive one-off repairs, it must be done OR the property isn't repaired or the HOA bounces the check to the vendor making the repair - two consequences that reflect idiocy.

Regular repairs and bill payments should not come from reserves at all. The board in question is slavishly following a reserve study without looking at the common sense solution to making a repair while respecting the dues payers' wallet. After all, if Howard's correct, his HOA board is using one-time major repairs to raise dues at the first opportunity, which creates a revenue stream that is permanent and will flow well beyond the repayment of the original repair. Forget about a dues reduction when the Reserve funding "hole" is filled.

My wires were crossed somewhere.

This HOA is super conservative about its reserve fund, more than my taste prefers. As much as I'd like to see fully funded reserves on my HOA ledger, reaching that status would require neglecting maintenance for the sake of large bank account. I'd rather make repairs as needed, sometimes preventatively, lowering the liability that will be placed on the reserve funds because of "obsolete" amenities needing upgrading.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kelly,

A good reserve study would provide for preventative repairs (I call it scheduled maintenance).

Perhaps your Board is not using the correct definition of a fully funded reserve.

A fully funded reserve doesn't mean that all the money ever needed is sitting in the bank account.

A fully funded reserve is one that has funds available at the time the capital components, identified in the reserve study, are in need of the scheduled maintenance, repair or replacement. As long as the bank balance plus the regular deposits to the reserves can provide the funds you have a fully funded reserve.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
You're correct, Tim.

I'm the first to admit that learning and understanding the nuances of Reserve Funds and reserve studies is not very easy and is best absorbed over time. I'll even debate reserve-qualifying expenditures with my property management company and its accountants - nothing hostile just productive point-counterpoint.

My board needs a new reserve study launched. Our last one is obsolete and our financial condition over the past several years has been such that a reserve study would be nearly useless, a condition we'll eliminate in 2012 as we go debt-free and focus on reserves and reserve items needing replacement, projects done on our terms as opposed to waiting until the sky falls.

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