Quote:
Posted By JoanneC5 on 08/11/2020 9:56 AM
Our HOA has a Reserve Fund listing specific items, Asphalt Repaving, Asphalt Sealing, Grading & Drainage etc. Contingency is also a listed item under Reserve. All items have separate listed balances. I realize money borrowed from any of the dedicated portions of the Reserve Fund for expenses other than that specified must be repaid. But if an emergency expenditure arises, can it be paid for from Contingency and not be subject to repayment. Regulations governing Reserve and Contingency when HOA has both are unclear. Should Contingency be divorced from Reserve to eliminate confusion or is recording individual balances for each subheading sufficient
Florida's Department of Business and Professional Regulation (DBPR) published a "Self-Study Training Manual" on "Budgets and Reserve Schedules" about 10 years ago. Most of it is still relevant. In Chapter 3, "Reserves", it has this to say (see p. 30 in the linked PDF):
"Many associations want to have a reserve called “Contingency Reserve.” The purpose of this account would be to fund items for which reserves have not been established or to cover unanticipated operating expenses. However, it is inappropriate to create a “reserve” account for this purpose as there is no apparent restriction on the use of the funds. Consequently, the account does not meet the definition of a reserve, and associations that desire to have a contingency account should budget for a surplus in the operating fund. As stated above, the association may create a reserve for general deferred maintenance and capital expenditures. Funds in this account may be used for any deferred maintenance or capital expenditure project, but not for ordinary operating expenses."
YMMV in New York but I think this describes a "best-practices" approach to the question of funding for contingencies regardless of what state you're in. My own HOA found that about 5 years ago and it did convince our board at the time (and since) on the subject. It's always prudent to plan for contingencies that are unpredictable, but something that's unpredictable shouldn't really be in the Reserves.