Quote:
Posted By NattyM on 07/17/2021 5:20 AM
Does Florida required the condominium to have reserves?
My condominium does not have a reserves and is assessing us for $1.3 million for repairs.
FS 718.112 (2) (f) 2. a. requires a Florida COA's annual budget to include reserve funding pursuant to a formula "based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item" and so on.
But I see nothing requiring the COA Board to actually fund the reserves.
Furthermore FS 718 (2) (f) 2. b. gives the COA membership the right to vote to waive or reduce reserves that are budgeted. This has to be done by a vote at a properly noticed meeting of the members.
In the wake of the Florida Champlain Towers South collapse, your question is being asked a lot lately. There is chatter about the Florida legislature requiring the full funding of reserves down the road. You might be interested in the video linked at https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/307638/view/topic/Default.aspx
Under FS 718, Florida COA Boards have the right to impose a special assessment to pay for needed repairs. A vote of the ownership is not needed. Undoubtedly many COA attorneys and many COA insurers, are now advising, and possibly demanding, that their client-COA Boards to fix anything identified as being broken.
For at least the next few years, I believe Florida COA owners need to get used to paying a lot more to the COA as the price of continued ownership.