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JimR24 (Texas)
Posts: 399
Posted:
Hi everybody - i'm the treasurer of our condominium association and we are considering a resolution which states how much of our homeowner monthly fees will be put into our reserve account.

At this point in time, there are differing opinions among the board members and homeowners (both advantages and disadvantages) about this....and i was wanting to see if any of you had any experience or thoughts which might be helpful to us. Our governing documents are relatively silent on this issue - other than stating that we can have reserves for capital replacements if we choose to do so; however, there is no obligation for for any of the details.

We had a reserve study conducted back in 2012 and we have taken the recommendations seriously; however, at this time (primarily because we started saving our money late in the game), we are at a partial reserve funding level of 68%. Needless to say, we have some catching up to do.

Any comments, suggestions or thoughts about this? What do u think?

oljim, in texas

Lovin' life with my honey!
and, President of HOA in Texas
KerryL1 (California)
Posts: 14,550
Posted:
We (the board) votes every year on how much to contribute to reserves during the next year. It usually remains the same, but it's nice to have the flexibility to change the monthly contribution. In addition, reserves analysts often advise how much an HOA should contribute in their written reports. they writ how much is needed for 100% funding an perhaps plans to "catch up," if their preferred amount seems too burdensome.

Many would say that 68% funded is purty durn good, olJim.
JimR24 (Texas)
Posts: 399
Posted:
Good to know about your thinking about the 68% Kerry. Am looking forward to hearing what others think about this too.

One of the things which has brought this issue up...has been the tendency for past boards to spend the money (which had been originally designated for reserves when our budget was passed) for other things throughout the year (kinda like a "slush" fund).

Some of our group are thinking that we should make things tougher for future boards to use the funds designated for reserves for other things...by passing a resolution requiring such. What do u think?

oljim, in texas

Quote:
Posted By KerryL1 on 10/21/2014 1:14 PM
We (the board) votes every year on how much to contribute to reserves during the next year. It usually remains the same, but it's nice to have the flexibility to change the monthly contribution. In addition, reserves analysts often advise how much an HOA should contribute in their written reports. they writ how much is needed for 100% funding an perhaps plans to "catch up," if their preferred amount seems too burdensome.

Many would say that 68% funded is purty durn good, olJim.


Lovin' life with my honey!
and, President of HOA in Texas
KerryL1 (California)
Posts: 14,550
Posted:
I do agree that you should pass a resolution stating that the funds un reserves may only be used to repair or replace components listed in the reserves study. Part of this means, then, you cannot buy something new using reserves and THEN add it to your list of components. I can get you better wording if you like.

In CA we may legally borrow from reserves--petty strict process.

This is the law in CA. Do you think you might have such a law in TX?
JimR24 (Texas)
Posts: 399
Posted:
Thanks for your response Kerry. I have researched our condo act here in Texas and it is mostly silent on this - only saying that our associations can have a reserve fund if it chooses to do so.

I like the idea about the resolution including language such that "reserves may only be used to repair or replace components listed in the reserves study." The way we are interpreting things right now is that reserve funds can be used to relace such components; however, if a component is to be repaired - it will be paid for out of our regular operating budget. What do u think?

Kerry, I'd love to receive more precise wording on this....thanks soo much!

Also, i'd enjoy reading about the borrowing process...and how that works. That would be helpful to us too.

Sure am enjoying participating in all the discussions here - good stuff!

oljim, in texas

Quote:
Posted By KerryL1 on 10/21/2014 1:42 PM
I do agree that you should pass a resolution stating that the funds un reserves may only be used to repair or replace components listed in the reserves study. Part of this means, then, you cannot buy something new using reserves and THEN add it to your list of components. I can get you better wording if you like.

In CA we may legally borrow from reserves--petty strict process.

This is the law in CA. Do you think you might have such a law in TX?


Lovin' life with my honey!
and, President of HOA in Texas
KerryL1 (California)
Posts: 14,550
Posted:
Below is the actual CA Civil Code about both topics, Jim.

RESERVE EXPENDITURES

"Spending Restrictions. Boards may not spend reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components that the association is obligated to repair, restore, replace, or maintain. (Civ. Code ยง5510(b).)"

"Borrowing From Reserves. Boards are allowed to borrow from reserves but are required to give notice of their intent to borrow by listing it as an item in the meeting agenda. The meeting notice must include the reason the reserve transfer is needed, some of the options for repayment, and whether a special assessment may be considered. If the board authorizes the transfer, it must issue a written finding recorded in the minutes explaining the reasons for the transfer, and describing when and how the money will be repaid to the reserves. (Civ. Code ยง5515.)"

Read more: Reserve Expenditures http://www.davis-stirling.com/tabid/3405/Default.aspx#ixzz3GolvTcNx
from Davis-Stirling.com by Adams Kessler PLC.
--------------------------------------
As you can see, in CA we may not use reserve funds to buy NEW components.

I'm looking at a 3-Minute Summary of our recent Reserves Study. This analyst (& all that I'v seen before) state that re: % funded. 70% or above makes an HOA's risk of sp. assessments "Low."

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JimR24 on 10/21/2014 1:33 PM

One of the things which has brought this issue up...has been the tendency for past boards to spend the money (which had been originally designated for reserves when our budget was passed) for other things throughout the year (kinda like a "slush" fund).

Serving as Treasurer, I understand the desire for Boards to utilize funds that are available to fix things they see needing fixed. One thing that I determined promoted this thinking was reporting the Reserves as a big pot of money.

Therefore, I went through the Reserve study and subdivided the Reserves into line items (x amount for this, x amount for that, etc.). This helped give a visual representation that the money wasn't just sitting in the savings account but that it was allocated for a future expense. It also helped me explain that if we borrow money from the roads line item to address tree pruning, then milling and paving of the roads would need to be delayed until the money was paid back.

GlenL (Ohio)
Posts: 5,491
Posted:
Jim the OH Condo statutes actually mandate that the minimum amount a Board my set aside for reserves is 10% of the annual budget without a homeowner vote allowing for a smaller amount.

(1) Adopt and amend budgets for revenues, expenditures, and reserves in an amount adequate to repair and replace major capital items in the normal course of operations without the necessity of special assessments, provided that the amount set aside annually for reserves shall not be less than ten per cent of the budget for that year unless the reserve requirement is waived annually by the unit owners exercising not less than a majority of the voting power of the unit owners association;

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jim

One of the problems with numbers like 68% of reserves are funded is if the actual expense/cost has exceeded the budgeted amount.

Example: A study that said $20K will be needed for whatever in 5 years will be 100% funded with $4K per year for 5 years. This assumes the cost of whatever is still at $20K five years from now. If the cost is not $20K, where does that leave your 100% funded?

A reserve study is only valid the day it is performed.

KerryL1 (California)
Posts: 14,550
Posted:
Our analyst builds in inflation and interest, JohnC. In addition our study is reviewed every year by a pro who checks on many factors. But we have 147 components. In HOAs with far fewer, a pro wouldn't be needed every year.

And I've seen some on this site where even the original study is done by a homeowner or committee. I think Tim of VA did their original one, for instance. This can work well if there aren't too many components.

But, Tim, isn't tree pruning usually an operating budget line item? It is for us as it's done every year. Maybe yours are done far less often? But I agree that breaking out components helps owners see that it's not just one big pot of money--that all of it is accounted for.

By breaking components out, too, it's easy to see the various estimated lives for each. And sometime the components are broken down even further. We, for instance have a reserves line item for restrapping our poolside lounge & table chairs. WE have a different line item to replace that furniture.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KerryL1 on 10/21/2014 5:42 PM

But, Tim, isn't tree pruning usually an operating budget line item?

Yes it is. It was simply the first thing that came to mind when I was writing my response.
However, I also mentioned in my post about borrowing for tree pruning.

SheliaH (Indiana)
Posts: 6,964
Posted:
We're so far behind that before I left the board, I suggested that we gradually increase the percentage to eventually reach 20%. At that time (2012) the percentage had been 9% for several years, so after we approved our reserve study (also in 2012), I suggested that we raise it to 10% for 2013 and begin adding a percentage point every year until we hit 15%, then see where we were. Hopefully, we can hold it at 15% for 5 years and then begin adding 1 percentage point again until it reaches 20%.

As to your resolution, I've heard many banks, as well as Freddie Mac,Fannie Mae and other government housing programs like to see at least 10% of the association's assessments go towards reserves, so your resolution could state that the percentage shall never go below that amount. That'll give the board some flexibility in increasing or decreasing the amount per year,depending on what else is going on.

Better yet, how about a reserves policy? Someone suggested that a few years ago on this website (don't know if it's still around - do a search). The reserves policy could address a number of issues, such as:

what type of investments reserves can be placed in so that the principal is protected
how often those investments should be evaluated
definition of a reserve component
how often reserve studies should be done
purpose of the reserve fund (it should be defined because people often think of it as some sort of slush fund where the money can be used for any damn thing)
borrowing from reserves (when can this be done, how soon it must be repaid, etc.)

By having a formal policy, the board wouldn't have to debate various issues and they would also have the flexibility to change parts of it as needed (hopefully, after they've reviewed the reserve study, consulted with banks, etc.)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JimR24 (Texas)
Posts: 399
Posted:
Sure do appreciate all the responses to my questions.

Excellent thoughts and and great approaches to this. Very helpful to me and the others here in our condo.

I like Tim's idea about separating out our reserve funds into categories so there can be a visual representation of things....in place of it being shows as a big pot of money. I believe i'll begin doing this - thanks for the idea!

Also, thanks to those of you who have shared their thoughts and regulations for treating this subject in other states. Texas condo laws are somewhat silent on this issue.

And Shelia - love your comments...very useful stuff!

oljim, in texas

Lovin' life with my honey!
and, President of HOA in Texas
EricH8 (Virginia)
Posts: 116
Posted:
What's the point in creating a resolution that tries to control how the majority board spends money? The majority board can change or ignore a resolution they don't want to obey. It's kind of like the ineffectiveness of the United States debt ceiling.

Common sense is like a reserve fund resolution--the people who need it most won't use it.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By EricH8 on 10/22/2014 7:44 PM
What's the point in creating a resolution that tries to control how the majority board spends money? The majority board can change or ignore a resolution they don't want to obey. It's kind of like the ineffectiveness of the United States debt ceiling.

Common sense is like a reserve fund resolution--the people who need it most won't use it.

If the resolution is made as an amendment to the Declaration, then the Board cannot ignore or override it. Of course, that would probably need a super-majority vote of the association's members. But it would lock things down.

Sikubali jukumu. Read all posts at your own risk.
KellyM3 (North Carolina)
Posts: 2,239
Posted:

Our HOA budget lists "Reserve Fund Deposits" as an expense in our operating budget. We pay the Reserve Fund as if it were a monthly bill coming due. I'm not a fan of locking Reserve Fund money into sub-divided "compartments" that can't be managed with fluidity in times of crisis. However, the Reserve Fund should possess a list of planned priorities and offer a rough expected guideline for amenity replacement with all Reserve Fund expenditures being fully vetted in open HOA meetings.

You really cannot legislate the actions of future boards or their budget priorities by passing resolutions today. HOA board members who see the Reserve Fund as a slush fund are ignorant of the Reserve Fund process. They need simple training.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KellyM3 on 10/24/2014 8:31 AM

I'm not a fan of locking Reserve Fund money into sub-divided "compartments" that can't be managed with fluidity in times of crisis.

Even though the money is sub-divided into separate line items, it doesn't prevent the Board from borrowing from that line item. However, I do understand your concern over the ease of fluidity when needed. That is one reason our Association also created a contingency line item in our Reserve fund. We utilize it for covering cost variances from the Reserve Study to real life expenses or for unexpected repairs/maintenance of Reserve components.
KerryL1 (California)
Posts: 14,550
Posted:
Our breakdown within our three reserves studies isn't "locked." We may use funds from one line item to bolster another or others. It isn't even "borrowing." Our reserve line items are merely a way for us, our PM and our analyst to keep track of the expected useful life of each and estimated replacement costs of each.

It's also very helpful to show H/Os when they want to know why they contribute so much each month to reserves. As someone else wrote, it's a nice "visual," and says much more than "We'll have $3M in reserves as of 1/15."
BobD4 (up north)
Posts: 1,002
Posted:
Jim in Texas : whatever the degree of (in)adequacy or (in)sufficiency of your reserve fund right now, isn't this the sort of issue which needs input from a professional with knowledge of what lenders expect before penalizing borrowing in your community.

Our jurisdiction tries to put the issue of condo reserve funding lawfully beyond Boards and owners by legislating compulsory deadlines for full adequacy, for reserve fund updates and for qualifications of fund preparers. General owners thus do not "get a kick at the can" at all but rather are legislated to receive Board notice of the Board's compulsory Plan for Future Funding prepared by the Board to reach that target by the legislated deadline.

How well does this work ? Reserves are anecdotally believed widely insufficient because there are no condo police, and political extensions have been made as to the deadline for full adequacy of grandfathered condo corporations. Thus it is left to the mercies of the marketplace to punish underfunded communities, but what if everyone is underfunded ? Anyway individual owners are denied short sighted shenanigans with reserve fund adequacy, but no one polices the Boards.
BobD4 (up north)
Posts: 1,002
Posted:
the above does not apply to new york.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By JimR24 on 10/21/2014 9:59 AM
Hi everybody - i'm the treasurer of our condominium association and we are considering a resolution which states how much of our homeowner monthly fees will be put into our reserve account.

At this point in time, there are differing opinions among the board members and homeowners (both advantages and disadvantages) about this....and i was wanting to see if any of you had any experience or thoughts which might be helpful to us. Our governing documents are relatively silent on this issue - other than stating that we can have reserves for capital replacements if we choose to do so; however, there is no obligation for for any of the details.

We had a reserve study conducted back in 2012 and we have taken the recommendations seriously; however, at this time (primarily because we started saving our money late in the game), we are at a partial reserve funding level of 68%. Needless to say, we have some catching up to do.

Any comments, suggestions or thoughts about this? What do u think?

oljim, in texas

Jim,

A couple of final thoughts....

1. If you're already at 68% funding in your Reserves Funds, and growing, then your board is in fine shape.

2. Once again, create an expense in your operating budget for Reserves and place it high on your budget expense list so that you're paying your savings before paying your other bills (gimmicky but your dues payers will understand it better from my experience).

3. Keep in mind that Reserve Funds are most healthy when cash is going in and going out. Don't let your board become so concerned with saving money that it won't spend any money on items in your Reserve Fund list. Having less cash/new amenities = Having more cash/old amenities - it's as if you're balancing a scale. Just keep some cash and follow your plan.

Nice work!
JimR24 (Texas)
Posts: 399
Posted:
Excellent comments Kelly - sure do appreciate you taking the time to give some final thoughts on this.

Great suggestions - and i think i'm gonna follow thru with all of 'em! :-)

Thanks soo much to you (and everybody else) for all the comments, suggestions and such.

oljim, in texas

Lovin' life with my honey!
and, President of HOA in Texas

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