Permissable or Not

Started by LetA • 4 replies • 214 views

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LetA (Nevada)
Posts: 2,679

Posted:

Here's the situation, we have an alley or walking path between two streets that just has gravel and a few bushes.
It is nearing the time for a "rock" referesh in our reserve study. Do we need to stay with using crushed grave or can we
substitue a more solid firmament instead of gravel and still use the reserve fund to cover the expense?

The Alternate is raising assessments next year to cover the expense of the more solid firmament and complete
the rock refresh in 2025

SheliaH (Indiana)
Posts: 6,964

Posted:

Did the study define "rock refreshment"? If it's described as you say, I suppose you could use reserves since it's a reserve item. When was the last time the association put in this solid firmament. How much use does this area get? What sort of routine maintenance, if any, has been done and how often? Has the association been funding reserves according to the study recommendations? That will also impact your decision.

It would be easier if you had a contractor come out to look at the area and give his or her take on what's needed. In fact, get two or three opinions, along with estimates, and then decide. By the way, you may have to raise assessments anyway because of increased costs in other areas, so review your budget carefully, set your priorities and keep homeowners informed. They might not like paying more (who does?) but that's life in a HOA. The trick is to manage the funds as best you can, which shoukd include proper maintenance. Otherwise. You pay more down the road.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LetA on 10/12/2023 4:31 PM

Here's the situation, we have an alley or walking path between two streets that just has gravel and a few bushes. It is nearing the time for a "rock" referesh in our reserve study. Do we need to stay with using crushed grave or can we substitue a more solid firmament instead of gravel and still use the reserve fund to cover the expense? The Alternate is raising assessments next year to cover the expense of the more solid firmament and complete the rock refresh in 2025

For the above, here's a Nevada statute section from NRS 116.3115 that troubles me:

Notwithstanding any provision of the governing documents to the contrary, to establish adequate reserves pursuant to this paragraph, including, without limitation, to establish or carry out a funding plan, the executive board may, without seeking or obtaining the approval of the units’ owners, impose any necessary and reasonable assessments against the units in the common-interest community. Any such assessments imposed by the executive board must be based on the study of the reserves of the association conducted pursuant to NRS 116.31152.

MarkM19 (Texas)
Posts: 1,459

Posted:

LetA,
In my opinion and what I have always used as my guide regarding reserves it is to Fix or Repair with similar or better materials based on today's products that may have a longer life expectancy. Never had a challenge in all my years.

Some HOA guidelines are simply ridicules' IMO. The one that drives me crazy for owners is fencing between properties. Everyone knows that builders use the cheapest fencing available every time. If an owner cares for his/her property and wants to replace fences with a higher quality fence, why should board members stand in the way?

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By SheliaH on 10/13/2023 6:18 AM
Did the study define "rock refreshment"? If it's described as you say, I suppose you could use reserves since it's a reserve item. When was the last time the association put in this solid firmament. How much use does this area get? What sort of routine maintenance, if any, has been done and how often? Has the association been funding reserves according to the study recommendations? That will also impact your decision.

It would be easier if you had a contractor come out to look at the area and give his or her take on what's needed. In fact, get two or three opinions, along with estimates, and then decide. By the way, you may have to raise assessments anyway because of increased costs in other areas, so review your budget carefully, set your priorities and keep homeowners informed. They might not like paying more (who does?) but that's life in a HOA. The trick is to manage the funds as best you can, which shoukd include proper maintenance. Otherwise. You pay more down the road.

The Last time this particular area was "touched" meaning using operational funds to install a lighted path a few lampposts was 5 years ago and that included laying down some pea gravel. Owners that walk their dogs have long
complained that the gravel is uneven and unsteady to walk on. small boulders are protruding from the ground making it a potential trip hazard. We received a bid to pour concrete hence the more solid firmament reference.

Since the area is due for a refresh including the landscaping, I figured we should just go all-in and do it all.

Our community was in a bad position when it was built. Many things was left half assed and the original board never challenged the declarant before the handover. A never installed sidewalk slab was one of the
items the declarant never installed because of the community sat nearly vacant for several years before any houses started to sell and the community finally finished. This community went through about 4 declarants
before it was finally completed,

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