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JoanneC5 (New York)
Posts: 3
Posted:
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
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Joanne,

My opinion is that transparency rules on matters of Reserve Fund expenditures and 'contingency' is marked to protect the HOA from unexpected expenses that the operations budget cannot reasonably accommodate.

Yes - your board could divorce a contingency account from the Reserve Fund (this effectively makes such a fund more "liquid" and more easily tapped for new projects.

Yes - I'd think Reserves are just fine for holding responsibility for 'contingency' expenses, which should be rare.

In the event of a community emergency repair, your board would tap money, whereever it could be found, to cover the cost in a real world sense.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
It is still a "reserve" no matter what it is called. Myself I would call it General (as in Unknown) Reserve versus Contingency
GenoS (Florida)
Posts: 4,276
Posted:
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.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Could contingency be for any overages for the large reserve items? Like what if they run over the amount or problem occurs when doing a reserve item? Think there is some percentage in reserves for such contingency expenses.

Former HOA President
JohnC77 (California)
Posts: 562
Posted:
Let's say you had a major plumbing issue, a large water pipe burst and it cost $20K to fix. You could temporarily fund out of reserves, do a special assessment for the $20K to replace the reserves. That would be the prudent thing to do.
KerryL1 (California)
Posts: 14,550
Posted:
I'm confused by the OP. Is this what you're saying Joanne?

You have one reserves study. It has several lines items in it. One of them is a contingency" line item. If that's thats' you're saying there's not requirement to send only what's in each line item and no more. Iff you pend over the amount listed for that comment, so be it. The account is really just one big pot of money.

We have a contingency reserve line item in our reserves study.

Borrowing is different matter your HOA may have to borrow funds from your reserves account for various operational expenses where your HOA has gone way over budget. Or maybe for something new. This varies by state. In CA you may borrow, but must, at an open meeting, spell out your borrowing, what it's for and how you'll pay reserves back within one year.

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