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LoriM15 (Florida)
Posts: 1,009
Posted:
Looking for opinions on a one-time special assessment vs. increasing the monthly assessment to raise some cash.

We were directly affected hurricane Ian. We have hurricane related expenses that total about $500,000. We don't know how much of that we will get back from insurance, probably around $200,000, but meanwhile invoices have come in and our treasurer approved them to be paid without thinking about how we were going to pay them. We have a short-term cash crunch but also long-term we won't be able to do any projects next year if we use all our cash for this.

Our choices are: one-time special assessment of about $325 per home or add an extra $20 per month to the already announced monthly assessment for next year (it already went up $25 per month over 2022). We are borrowing from our reserves to pay bills next month, but we have to pay that back.

We do not have to get homeowner approval for the special assessment and we will be discussing in an open meeting. I think we should do the special assessment and be done. The treasurer thinks the monthly increase is the way to go. No word yet from the rest of the board.

Any thoughts or experiences on this?
MaxB4
Posts: 3,513
Posted:
One-time special assessment.
MichaelT21 (Arkansas)
Posts: 462
Posted:
As a homeowner, I am generally a bigger fan of one time assessments versus monthly dues increase when considering how to pay for a one time cost. I am a cynic of entities like HOAs, city governments, schools, etc, and believe that a increase to the monthly dues will become permenant while a one time assessment will be temporary.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I would go with the special assessment.

I would also consider (if possible) a Hurricane expense in your Associations reserve fund with the goal to have enough set aside to pay the deductible to minimize a future special assessment. This, of course, would likely require an increase in annual assessments.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Special assessment. Stop the bleeding now.
MichaelT21 (Arkansas)
Posts: 462
Posted:
Quote:
Posted By TimB4 on 11/17/2022 1:35 PM
I would go with the special assessment.

I would also consider (if possible) a Hurricane expense in your Associations reserve fund with the goal to have enough set aside to pay the deductible to minimize a future special assessment. This, of course, would likely require an increase in annual assessments.

In our state, reserves are only for predictable expenses. Hurricanes by their nature are not predictable, and thus costs associated with hurricanes are not eligible for payment from the reserve account.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MichaelT21 on 11/17/2022 1:48 PM
Posted By TimB4 on 11/17/2022 1:35 PM
I would go with the special assessment.

I would also consider (if possible) a Hurricane expense in your Associations reserve fund with the goal to have enough set aside to pay the deductible to minimize a future special assessment. This, of course, would likely require an increase in annual assessments.


In our state, reserves are only for predictable expenses. Hurricanes by their nature are not predictable, and thus costs associated with hurricanes are not eligible for payment from the reserve account.

Curious when was the last hurricane was in Washington and how you would be such an expert on the subject?
MichaelT21 (Arkansas)
Posts: 462
Posted:
Quote:
Posted By MaxB4 on 11/17/2022 1:55 PM
Posted By MichaelT21 on 11/17/2022 1:48 PM
Posted By TimB4 on 11/17/2022 1:35 PM
I would go with the special assessment.

I would also consider (if possible) a Hurricane expense in your Associations reserve fund with the goal to have enough set aside to pay the deductible to minimize a future special assessment. This, of course, would likely require an increase in annual assessments.


In our state, reserves are only for predictable expenses. Hurricanes by their nature are not predictable, and thus costs associated with hurricanes are not eligible for payment from the reserve account.


Curious when was the last hurricane was in Washington and how you would be such an expert on the subject?

It doesn't take much expertise to figure out hurricanes are not predictable.

I have no idea what any other state says about use of reserve funds. Maybe unpredictable expenses qualify for reserve fund expenditures in hurricane prone states.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MichaelT21 on 11/17/2022 1:48 PM
Posted By TimB4 on 11/17/2022 1:35 PM
I would go with the special assessment.

I would also consider (if possible) a Hurricane expense in your Associations reserve fund with the goal to have enough set aside to pay the deductible to minimize a future special assessment. This, of course, would likely require an increase in annual assessments.


In our state, reserves are only for predictable expenses. Hurricanes by their nature are not predictable, and thus costs associated with hurricanes are not eligible for payment from the reserve account.

Lots of other things besides hurricanes can be unpredictable and cause damage to items covered under reserves. You comment doesn't pass the smell test.
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By MichaelT21 on 11/17/2022 1:48 PM
Posted By TimB4 on 11/17/2022 1:35 PM
I would go with the special assessment.

I would also consider (if possible) a Hurricane expense in your Associations reserve fund with the goal to have enough set aside to pay the deductible to minimize a future special assessment. This, of course, would likely require an increase in annual assessments.


In our state, reserves are only for predictable expenses. Hurricanes by their nature are not predictable, and thus costs associated with hurricanes are not eligible for payment from the reserve account.

Which is why we are taking a short-term loan from the reserves and paying it back ASAP. We can't and don't want to use reserve money for this emergency expense. We did have a hurricane contingency fund of $50,000. There is no way to predict a hurricane this severe and we never thought we'd have this much damage. Our gate system alone was $150,000.

Our treasurer wants us to get a loan from a bank to pay back the reserves. I am really against a loan. If it was a capital project I could see borrowing money, but not for a one-time expense.

Thanks for the input. No matter what it won't be popular but either way at least we are trying to be fiscally responsible.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Lori

While not disagreeing with you, typically (and in our association) a Special Assessment has to be approved by a majority of owners. In our case, 2/3rds. Also in our case, the BOD can raise the Yearly Assessment (Dues) as much as they want but only once a year. Personally I would not look favorably on buying in an association where the BOD alone can create a Special Assessment.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By JohnC46 on 11/17/2022 2:50 PM
Lori

While not disagreeing with you, typically (and in our association) a Special Assessment has to be approved by a majority of owners. In our case, 2/3rds. Also in our case, the BOD can raise the Yearly Assessment (Dues) as much as they want but only once a year. Personally I would not look favorably on buying in an association where the BOD alone can create a Special Assessment.

I've got mixed emotions on this. Surfside immediately jumped into my mind. The owners were complicit in what happened and nobody seems to want to openly place some of the blame on them. They didn't want to pony up and pay for structural repairs and we all know how that ended. In my association the Board could implement special assessments without owner approval. In a condo HOA where everyone shares a roof, siding and other common elements having the ability to levy a special assessment may be prudent.
LetA (Nevada)
Posts: 2,679
Posted:
I would vote for the one time SA . Spreading it out only makes it hurt more.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By MichaelT21 on 11/17/2022 1:48 PM
In our state, reserves are only for predictable expenses. Hurricanes by their nature are not predictable, and thus costs associated with hurricanes are not eligible for payment from the reserve account.
How come these two Washington HOA statute sections seem to say otherwise?

RCW 64.38.075
Reserve account—Withdrawals.
An association may withdraw funds from its reserve account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components. The board of directors shall record any such withdrawal in the minute books of the association, cause notice of any such withdrawal to be hand delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner, and adopt a repayment schedule not to exceed twenty-four months unless it determines that repayment within twenty-four months would impose an unreasonable burden on the owners. Payment for major maintenance, repair, or replacement of the reserve components out of cycle with the reserve study projections or not included in the reserve study may be made from the reserve account without meeting the notification or repayment requirements under this section.


RCW 64.90.540
Reserve account—Withdrawals.
(1) The board may withdraw funds from the association's reserve account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the reserve components. Any such withdrawal must be recorded in the minute books of the association. The board must give notice of any such withdrawal to each unit owner and adopt a repayment schedule not to exceed twenty-four months unless the board determines that repayment within twenty-four months would impose an unreasonable burden on the unit owners. The board must provide to unit owners along with the annual budget adopted in accordance with RCW 64.90.525 (a) notice of any such withdrawal, (b) a statement of the current deficiency in reserve funding expressed on a per unit basis, and (c) the repayment plan.
(2) The board may withdraw funds from the reserve account without satisfying the notification of repayment requirements under this section to pay for replacement costs of reserve components not included in the reserve study.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Special assess and make your repairs. An extra $20/month, if approved now, will become a permanent increase in the years ahead.

Skip the loan.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By LoriM15 on 11/17/2022 2:31 PM
Which is why we are taking a short-term loan from the reserves and paying it back ASAP. We can't and don't want to use reserve money for this emergency expense. We did have a hurricane contingency fund of $50,000. There is no way to predict a hurricane this severe and we never thought we'd have this much damage. Our gate system alone was $150,000.

Our treasurer wants us to get a loan from a bank to pay back the reserves. I am really against a loan. If it was a capital project I could see borrowing money, but not for a one-time expense.
-- Without an owners' vote, FS 720's emergency powers section permits a special assessment or a bank loan, correct?

-- I think contemplating TimB4's suggestion about adding a line item in the reserve fund is important. Though reserve funds are really supposed to be for items that have a life expectancy of more than one year. Perhaps a better choice would be to raise the amount in the operating expenses' contingency fund (a.k.a. "contingency account" and similar). Raise the amount budgeted for this by a lot. Why? Because I think what Florida HOAs/COAs need is a cushion designed to accommodate seasonal irregularities. Saving would be similar to the contingency fund many HOAs up north have to accommodate the variability of snow removal needs each winter, except undoubtedly we are talking about a much bigger cushion when it comes to potential hurricanes. (Some would say: "Potential? Seriously? Hurricane frequency and severity are both on the rise.") Anyway, in Florida, there is a variability of hurricane repair needs each year. It's cyclical, but cannot be predicted exactly. Hence the need for a cushion, and a large-ish one.

-- What exactly requires repairs? I am asking because I wonder how realistic it is to complete repairs in the next few months. Is it possible that repairs may take a year or more? Especially with the labor and materials shortage? Should a Florida board, as it prepares its budget, contemplate the possibility of another hurricane before the repairs from Ian are complete?

-- Of necessity, I know there cannot be precision in this planning. The board does the best it can. Like every other business and homeowner in Florida and other coastal states.

-- I lean towards a Special Assessment, followed by intense discussions with qualified professionals (accountants? insurance agencies? both?) about budgeting these days. Perhaps the Board should seriously consider asking the owners to approve foregoing certain amenities (clubhouse?), if said amenities stand a good chance of being so damaged every few years (or more frequently?) that they are just being replaced every year.

-- No to a loan. The treasurer ought to consider how interest rates have gone up, for one. I am sorry you have such a treasurer. He needs to get real.

-- Long term thinking, beyond what infrastructure is currently in the reserve study, seems important here. Should the HOA be considering improvements to infrastructure as opposed to just replacing what was damaged?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LoriM15 on 11/17/2022 2:31 PM

We did have a hurricane contingency fund of $50,000. There is no way to predict a hurricane this severe and we never thought we'd have this much damage. Our gate system alone was $150,000.

Our treasurer wants us to get a loan from a bank to pay back the reserves. I am really against a loan. If it was a capital project I could see borrowing money, but not for a one-time expense.

Thanks for the input. No matter what it won't be popular but either way at least we are trying to be fiscally responsible.

Lori,

Glad to hear that your Association has already thought about the unexpected and have a line item for Hurricane Contingency Fund.
Obviously, you may need to increase that amount to cover the deductible (or more) of any insurance policy.

Borrowing from reserves and paying it back with a special assessment or proceeds from insurance payment would certainly be acceptable.
Unless you have a large reserve item to take care of soon, I wouldn't consider a loan.

If you take out a loan, you will need to increase assessments and terms are set by the bank.
If you borrow from the reserves, it's money you have and you (the board) sets the terms on repayment.

I suspect that your Treasurer is simply seeing a sea of invoices and is worried how to pay them.

Remember, everything doesn't have to be fixed at once.
The Board should prioritize and some items might need to wait until insurance comes through.

MichaelS56 (Minnesota)
Posts: 858
Posted:
Yu may have some federal government aid. You may have some Florida aid. You may have some local aid. You have association insurance. Unit owners have insurance. Once you have figured out everything that you have covered then you can do a special assessment for what still needs to be repaired or replaced.
LoriM15 (Florida)
Posts: 1,009
Posted:
We are continuing to work on this issue. Right now we have almost $500,000 in bills directly related to the hurricane and have been able to move enough money from our reserve account to pay for most of them. I'm not sure why the treasurer and PM didn't hold some of the bills until we figured this out, but it's already done.

We have to pay back the reserve account. We still have well over $1 million in our reserves.

We have a claim in with the insurance company, but we don't know how much they will pay and what our deductible will be. Once we know what we will receive we will know how much we will need to pay back our reserves.

Our bylaws (and state statutes) do not require the vote of members to do a special assessment. The board can do it themselves. We have never had a special assessment in the 25 year history of the HOA, so no one has taken advantage of that rule. Because this was a declared emergency, we don't even have to give 14 days notice of the special assessment discussion. However, we are always required to have open meetings and we will not be discussing this in secret - there will be discussion with homeowners. If we decide to just add additional funds to the monthly assessment, we have to go back and have a budget workshop and give 14 days notice of a budget meeting so homeowners will be aware. If we borrow money, we can borrow up to 2% of our annual operating budget without homeowner approval.

The amount we owe for hurricane damage includes almost $150,000 for our gate system (we have 6 entry and 6 exit gates). The wind was so strong the wrought iron gates were ripped off their hinges. All the motors were destroyed and the electronics were damaged. Our pools were both damaged by flood water. Our small maintenance shed was completely destroyed. Our roll down hurricane shutters were damaged by something flying into it. A large portion of the cost was for landscape damage and clean up. We have 25 year old, 50 foot royal palm trees that line our streets that were blown over and the roots heaved the sidewalks. Those trees and our large oak trees were blown over and had to be cut up and removed, plus most of the palm trees were stripped bare of palm fronds. There were mountains of debris that we picked up.

I'm just trying to give you an idea of why we could not have conceived of the extent of the damage and why our contingency fund wasn't enough. We definitely will plan for the future. I learned a few things, including 1) we need a much bigger contingency fund and 2) don't let your treasurer get talked into a CD ladder by the investment advisor so all your reserve is tied up for years and 3) this isn't a business where you have professionals who look at cash flow and let you know in advance if there's an issue.

AugustinD
Posts: 1,027
Posted:
Quote:
Posted By LoriM15 on 11/18/2022 9:54 AM
The amount we owe for hurricane damage includes almost $150,000 for our gate system (we have 6 entry and 6 exit gates). The wind was so strong the wrought iron gates were ripped off their hinges. All the motors were destroyed and the electronics were damaged. Our pools were both damaged by flood water. Our small maintenance shed was completely destroyed. Our roll down hurricane shutters were damaged by something flying into it. A large portion of the cost was for landscape damage and clean up. We have 25 year old, 50 foot royal palm trees that line our streets that were blown over and the roots heaved the sidewalks. Those trees and our large oak trees were blown over and had to be cut up and removed, plus most of the palm trees were stripped bare of palm fronds. There were mountains of debris that we picked up.
-- I think Florida folks need to forget about replacing right now and instead, focus on a bigger picture plan. I urge all Florida HOAs/COAs to have, say, a one-day workshop where each item most recently damaged is discussed, and a decision on whether to replace it, or greatly modify it is made. Why? Because the chances of recurring, and even worse, hurricanes appear high. A long view is needed here. If it does not happen this year, I am sure when owners see a repetition, they will regroup on what amenities and landscaping they really must have, given how frequent replacement of xyz may now be occurring when before, replacement was not needed for, like ten years or more.

Quote:
2) don't let your treasurer get talked into a CD ladder by the investment advisor so all your reserve is tied up for years and 3) this isn't a business where you have professionals who look at cash flow and let you know in advance if there's an issue.
Oh no. In the past, few have rejected the idea of a CD ladder for reserves. As a general rule, I am not opposed to an appropriately constructed ladder. But if I were on a Florida HOA/COA board, what is "appropriate" is no longer all that clear. I think I would now vote against such ladders every time.

-- I think you and other Florida COA/HOA presidents and directors are so incredibly underpaid. I can only begin to imagine how many unpaid hours you give to this and the challenges of forming an opinion on what to do and then trying to get the other directors up to speed so they can make an informed decision re their votes. All for no pay whatsoever.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By LoriM15 on 11/17/2022 2:31 PM
Posted By MichaelT21 on 11/17/2022 1:48 PM
Posted By TimB4 on 11/17/2022 1:35 PM
There is no way to predict a hurricane this severe and we never thought we'd have this much damage. Our gate system alone was $150,000.
.

you live in florida, the land of hurricanes, you are guaranteed to be hit again. It's predictable.

as far as your question goes the answer is buy flood insurance. why does your insurance only cover half your expenses. someone screwed up big time and should be fired or resign.

vis ta vie
SheliaH (Indiana)
Posts: 6,964
Posted:
You may have to do a little of both, but like the others, I think biting the bullet and doing the special assessment is the way to go. Paying $325 is better than $3250 or $32500. That can get you over the hump now, but you probably need to take a long hard look at the budget and consider how well assessments are keeping up with inflation. With the price of everything going up, no one should be surprised that assessments have to keep up.

Glad you're having an open meeting (aka come to Jesus meeting) about all this. If necessary, tell people to remember Surfside - those homeowners didn't raise assessments and balked at a special assessment, and you saw what happened.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
You may have to do a little of both, but like the others, I think biting the bullet and doing the special assessment is the way to go. Paying $325 is better than $3250 or $32500. That can get you over the hump now, but you probably need to take a long hard look at the budget and consider how well assessments are keeping up with inflation. With the price of everything going up, no one should be surprised that assessments have to keep up.

Glad you're having an open meeting (aka come to Jesus meeting) about all this. If necessary, tell people to remember Surfside - those homeowners didn't raise assessments and balked at a special assessment, and you saw what happened.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Lori,

Your deductible should be stated in your policy.
A quick internet search shows that it could be 2 to 5 percent of the policy coverage.

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