Hi Tammy,
Last time I had recommended that thread it was discovered that the CA link in the initial post was no longer valid. Since there is no edit function, I added a post later in that thread with the updated link (it's near the end of the thread). I just verified that it still works. (** Actually, I just placed that link in this posting).
I'm not an attorney, nor do I work in the legal profession. Based on
CA Civil Code §1365.5 (e) "the board of directors shall cause to be conducted
a reasonably competent and diligent visual inspection of the accessible areas of the major components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development."
If, after reviewing
Reserve Study Guidelines for Homeownersâ Association Budgets developed by CAI for the State of CA Dept of Real Estate, the Board believes that they can conduct a reasonably competent and diligent study on their own, they would likely be in compliance with that statute. However, If your concerned that doing a study yourself won't be in compliance then either have one done professionally or seek a legal opinion from your Association attorney.
When we did our study on our own, it took over a year. Most of that time was spent reviewing meeting with various vendors who were more than happy to evaluate specific items (playground equipment, roads, etc.) for us. It wasn't perfect but it was better than what we had (which was none). Based on that study, we realized that we needed to increase assessments by 20% to properly fund our Reserves. Based on actual costs, we have adjusted the amounts allocated to the Reserves each year.