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MS1 (Georgia)
Posts: 1
Posted:
Does anyone out there know of a HOA Trust Agreement that is set up to protect monies set aside for long-term maintenance reserve requirements? Our HOA has just voted in a fee increase with a certain portion to be set aside in a Trust for future long term maintenance. This is being set up to prevent future Boards from spending long-term cash reserves, for everyday expenses.

RogerB (Colorado)
Posts: 5,067
Posted:
MS1,
I have never heard of an HOA using a Trust. I would not recommend it.
NancyD1 (Florida)
Posts: 447
Posted:
How is the Trust set up and what kind of a Trust is it? Who is the Executor of the Trust?

Do your documents state a Trust can be formed for the reserve accounts? The BOD may think that by setting up a Trust they can then dictate, to future BODs, how the reserve monies can be used. This can be accomplished by an Internal Controls document. It can lay down how the HOA money can be spent.

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