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MichaelB32 (California)
Posts: 141
Posted:
Our HOA wants to raise our dues by 20%. They have some strange Idea that were need to pay back the money we borrowed from the reserves in 3-1/2. Because of rains (global warming) and slab leaks and it started with the housing crises, this represents a $100 increase on “blue collar” community.

We are in California. From what I read in Davis Sterling, when you borrow from the reserves, you are suppose to pay it back in a year, unless the Board each year votes to extend the loan. There is no requirement to force this hardship on our HOA. We just need a more intelligent Board.

Is this true or do we really need to do this.

Michael Barto
[email protected]
TimB4 (Tennessee)
Posts: 21,059
Posted:
Michael,

You need to do one of the following:

1) Pay back the Reserves

2) Defer repairs/replacements those funds would have paid for.

3) Impose special assessments to provide the funds to pay for the repairs/replacements the Reserves provide for.

I think it's prudent for your Board to pay the Reserves back. Defering repairs or maintenance can cause further issues and increase the risk of liability. Special Assessments can make the development appear undesirable for potential buyers.

If you don't like what the Board has decided, the answer is to gather support and replace them with others who think as you do.

By the way, which option would you choose?
SheliaH (Indiana)
Posts: 6,964
Posted:
What Tim said. Sooner or later repairs will be necessary and homeowners will have to pay for it anyway, so it's better to start now instead of being caught a few years from now (when it'll cost a lot more - you do remember a little thing called inflation, don't you?)

I also live in a moderate income community and appreciate your concern about the impact on homeowners - when I served on my board, it was something we always wrestled with. However, an increase in assessments is a hell of a lot better than a special assessment, which you'd have to pay in addition to the increased assessments. Don't forget a HOA loan works a lot like your mortgage, car loan or whatever else you borrow money for - the sooner you pay it back the less in interest you'll pay.

Why not suggest that the board commission an advisory committee (that YOU can volunteer for) that would review income and expenses for, say, the last 5 years? The committee could look at various line items and see which ones have risen faster than others during that time, figure out why and come up with recommendations to control those costs. You'll still have assessment increases, but this may help reduce the amount of the increase.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree should be paying back your reserves. It's like if you borrow against your 401K plan. You have to still pay that back. It's not much different for a reserve fund for a HOA. The time line may be a bit off from the one year but it still needs to be done. Maybe a slower rate but you all going to need that reserve fund again one day. Would you rather do it slowly over time with a small increase or a special assessment of a large amount?

Former HOA President
AugustinD
Posts: 5,144
Posted:
Michael, like the others said, it sounds like you need to do this. Nationwide the guidance from professional Reserve planners is to spread costs over multiple years and multiple owners. Why? Because this is far more equitable and fair than dumping a huge special assessment on the owners who happen to reside in the HOA in one particular year.

You could ask to see the most recent reserve study and/or ask the Board for a more detailed explanation of the big picture. That is, have the Board provide the five most expensive capital assets, how much life each has left, and the expected cost of replacement. This might help all understand whether this increase is appropriate.
FredS7 (Arizona)
Posts: 927
Posted:
It is prudent to pay back unexpected withdrawals from the reserves. Choosing the time frame over which this is done is what you elected the board to do.

If you do not pay it back there is a possible larger increase later.
DouglasM6 (Arizona)
Posts: 724
Posted:
I don't understand. Why would you be against paying back the reserve fund?
KerryL1 (California)
Posts: 14,550
Posted:
Your answers, Michael, are all at davis.stirling.com, Main Index, Reserves. So I think you've learned there that the board must, by law, send Owners a plan about how they will pay back reserves when they borrow from them. So....I'm not sure what your question is.

You've probably also read that dues cannot increase more than 20% in a year without an vote by the Owners (I think). You might look at that part again at davis-stirling.com. Be sure to spell it right.

Is the increase $100/yr. or month, BTW?
KerryL1 (California)
Posts: 14,550
Posted:
Your answers, Michael, are all at davis.stirling.com, Main Index, Reserves. So I think you've learned there that the board must, by law, send Owners a plan about how they will pay back reserves when they borrow from them. So....I'm not sure what your question is.

You've probably also read that dues cannot increase more than 20% in a year without an vote by the Owners (I think). You might look at that part again at davis-stirling.com. Be sure to spell it right.

Is the increase $100/yr. or month, BTW?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DouglasM6 on 10/18/2017 9:30 AM
I don't understand. Why would you be against paying back the reserve fund?

Because it's more money out of the wallet.
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By TimB4 on 10/18/2017 3:25 PM
Posted By DouglasM6 on 10/18/2017 9:30 AM
I don't understand. Why would you be against paying back the reserve fund?


Because it's more money out of the wallet.

Pay me now, pay me later. They could be paying it back a little at a time now, or all at once when the money is needed for it's original purpose.
TimB4 (Tennessee)
Posts: 21,059
Posted:
But if I move or die prior to the funds being needed, I'm ahead of the game.
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By TimB4 on 10/18/2017 3:36 PM
But if I move or die prior to the funds being needed, I'm ahead of the game.

True, but if you don't....
TimB4 (Tennessee)
Posts: 21,059
Posted:
worry about crossing that bridge when and if I get to it.

Lets face it, pay now or pay later is an issue all Associations face if their reserves are not fully funded. Heck, it's a decision most (in my opinion) that are the crux of most political issues). Members on more of a fixed income or using the property as a transition place would rather pay later. Members who are not on a fixed income and plan on using the property for many years tend to want to pay now.

Hence, I understand the question and the rational.

It's something every Association has to decide on their own and live with the consequences of that decision.
GenoS (Florida)
Posts: 4,276
Posted:
It's inherently unfair to future owners who are not savvy enough to look into the reserves before buying. You could argue that it's their own fault if they don't. I wouldn't go so far as to call it a moral question, but it's right up against that line.

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